[§432E-9]  Utilization review. (a)  Every managed care plan shall establish procedures for continuous reviewof quality of care, performance of providers, utilization of health services,facilities, and costs.

(b)  Notwithstanding any other provision oflaw, there shall be no monetary liability on the part of, and no cause ofaction for damages shall arise against, any person who participates in qualityof care or utilization reviews by peer review committees for any act performedduring the reviews if the person acts without malice, makes a reasonable effortto obtain the facts, and believes that the action taken is warranted by thefacts.

(c)  No peer review committee under thissection shall be subject to discovery, and no person in attendance at thereviews shall be required to testify as to what transpired at the reviews.  Theutilization review requirements and administrative treatment guidelines of thehealth maintenance organization shall not fall below the appropriate standardof care and shall not impinge upon the independent medical judgment of thetreating health care provider.

(d)  Nothing in this section shall be construedto prevent a health maintenance organization from conducting a utilizationreview and quality assurance program. [L 1998, c 178, pt of §2]