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



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



(c)  No peer review committee under this
section shall be subject to discovery, and no person in attendance at the
reviews shall be required to testify as to what transpired at the reviews.  The
utilization review requirements and administrative treatment guidelines of the
health maintenance organization shall not fall below the appropriate standard
of care and shall not impinge upon the independent medical judgment of the
treating health care provider.



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