<?xml version='1.0' encoding='utf-8'?>
<section article="gho" article_name="Health Occupations" number="7-412" title_number="7" title_name="Morticians and Funeral Directors" subtitle_number="4">
  <level label="a">
    <text>This section does not apply to:</text>
    <level label="1">
      <text>A civil action brought by a party to the proceedings of the Board who claims to be aggrieved by the decision of the Board; or</text>
    </level>
    <level label="2">
      <text>Any record or document that is considered by the Board and that otherwise would be subject to discovery and introduction into evidence in a civil trial.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>Except as provided in subsection (a) of this section, the proceedings, records, and files of the Board are not discoverable and are not admissible in evidence in any civil action.</text>
    </level>
    <level label="2">
      <text>The proceedings, records, and files of the Board are confidential and are not discoverable and are not admissible in evidence in any civil action arising out of matters that are being reviewed and evaluated by the Board if requested by the following:</text>
      <level label="i">
        <text>The Department to ensure compliance with the provisions of § 19–319 of the Health – General Article;</text>
      </level>
      <level label="ii">
        <text>A health maintenance organization to ensure compliance with the provisions of Title 19, Subtitle 7 of the Health – General Article and applicable regulations;</text>
      </level>
      <level label="iii">
        <text>A health maintenance organization to ensure compliance with the National Committee for Quality Assurance (NCQA) credentialing requirements; or</text>
      </level>
      <level label="iv">
        <text>An accrediting organization to ensure compliance with accreditation requirements or the procedures and policies of the accrediting organization.</text>
      </level>
    </level>
    <level label="3">
      <text>If the proceedings, records, and files of the Board are requested by any person from any of the entities in paragraph (2) of this subsection:</text>
      <level label="i">
        <text>The person shall give the Board notice by certified mail of the nature of the request and the Board shall be granted a protective order preventing the release of its proceedings, records, and files; and</text>
      </level>
      <level label="ii">
        <text>The entities listed in paragraph (2) of this subsection may not release any of the proceedings, records, and files of the Board.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>A person shall have the immunity from liability described under § 5–637 of the Courts Article for any action as a member of the Board or for giving information to, participating in, or contributing to the function of the Board.</text>
    </level>
    <level label="2">
      <text>A contribution to the function of the Board includes any statement by any person, regardless of whether it is a direct communication with the Board, that is made within the context of the person’s employment or is made to a person with a professional interest in the functions of a medical review committee and is intended to lead to redress of a matter within the scope of the Board’s functions.</text>
    </level>
  </level>
</section>
