§ 14-414. Reports from alternative health systems

   (a) In general. --

   (1) Every 6 months, each alternative health system as defined in § 1-401 of this article shall file with the Board a report that:

      (i) Contains the name of each licensed physician who, during the 6 months preceding the report:

         1. Is employed by the alternative health system;

         2. Is under contract with the alternative health system; and

         3. Has completed a formal application process to become under contract with the alternative health system; and

      (ii) States whether, as to each licensed physician, during the 6 months preceding the report:

         1. The alternative health system denied the formal application of a physician to contract with the alternative health system or limited, reduced, otherwise changed, or terminated the contract of a physician, or the physician resigned whether or not under formal accusation, if the denial, limitation, reduction, change, termination, or resignation is for reasons that might be grounds for disciplinary action under § 14-404 of this subtitle; or

         2. The alternative health system placed any other restrictions or conditions on any licensed physician for any reasons that might be grounds for disciplinary action under § 14-404 of this subtitle.

   (2) The alternative health system shall:

      (i) Submit the report within 10 days of any action described in paragraph (1)(ii) of this subsection; and

      (ii) State in the report the reasons for its action or the nature of the formal accusation pending when the physician resigned.

   (3) The Board may extend the reporting time under this subsection for good cause shown.

   (4) The minutes or notes taken in the course of determining the denial, limitation, reduction, or termination of the employment contract of any physician in an alternative health system are not subject to review or discovery by any person.

   (5) The Board, in consultation with all interested parties, may adopt regulations to define:

      (i) Changes in employment or privileges that require reporting under this section; and

      (ii) Actions by licensees that are grounds for discipline and require reporting under this section.

(b) Subpoena powers. -- The Board may enforce this section by subpoena.

(c) Civil liability. -- Any person shall have the immunity from liability described under § 5-715(d) of the Courts and Judicial Proceedings Article for giving any of the information required by this section.

(d) Confidentiality of reports. -- A report made under this section is not subject to subpoena or discovery in any civil action other than a proceeding arising out of a hearing and decision of the Board or a disciplinary panel under this title.

(e) Violations; penalty. --

   (1) The Board may impose a civil penalty of up to $ 5,000 for failure to report under this section.

   (2) The Board shall remit any penalty collected under this subsection into the General Fund of the State.

HISTORY: 1989, ch. 827; 1990, ch. 6, § 11; ch. 546, § 3; 1997, ch. 14, § 20; 2002, ch. 19, § 9; 2013, ch. 401.