Louisiana Revised Statutes 40:2205 – Utilization reviews; relief from liability and discovery; standards compliance
Terms Used In Louisiana Revised Statutes 40:2205
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Group purchaser: shall mean an organization or entity which contracts with providers for the purpose of establishing a preferred provider organization. See Louisiana Revised Statutes 40:2202
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Provider: shall mean one or more entities which offer health care services and shall include but not be limited to hospitals, individuals, or groups of physicians, individuals or groups of psychologists, nurse midwives, ambulance service companies, and other health care entities. See Louisiana Revised Statutes 40:2202
- Testify: Answer questions in court.
Notwithstanding any other provision of law, any health care provider licensed in this state who participates in quality of care or utilization reviews by a peer review committee, as a peer review committee member or a treating health care provider whose patients are subject to such review and have been contracted, employed, or hired by a group purchaser shall be immune from liability for any act performed during such reviews of the activities of similarly licensed health care providers if such person acts without malice, makes a reasonable effort to obtain the facts, and believes that the action taken is warranted by the facts. A peer review committee shall not be subject to discovery, and no person in attendance at such reviews shall be required to testify as to what transpired at such reviews. The utilization review requirements and administrative treatment guidelines of the peer review committee employed or hired by the group purchaser shall not fall below the appropriate standard of care and shall not impinge upon the independent medical judgment of the treating health care provider.
Added by Acts 1991, No. 876, §1.