2007 Minnesota Statutes

145.63 REVIEW ORGANIZATION; ADVISORY CAPACITY; IMMUNITY.
    Subdivision 1. Members, directors, and officers. No review organization and no person
who is a member or employee, director, or officer of, who acts in an advisory capacity to, or who
furnishes counsel or services to, a review organization shall be liable for damages or other relief
in any action brought by a person or persons whose activities have been or are being scrutinized
or reviewed by a review organization, by reason of the performance by the person of any duty,
function, or activity of such review organization, unless the performance of such duty, function or
activity was motivated by malice toward the person affected thereby. No review organization and
no person shall be liable for damages or other relief in any action by reason of the performance of
the review organization or person of any duty, function, or activity as a review organization or
a member of a review committee or by reason of any recommendation or action of the review
committee when the person acts in the reasonable belief that the action or recommendation is
warranted by facts known to the person or the review organization after reasonable efforts to
ascertain the facts upon which the review organization's action or recommendation is made,
except that any corporation designated as a review organization under the Code of Federal
Regulations, title 42, section 466 (1983) shall be subject to actions for damages or other relief by
reason of any failure of a person, whose care or treatment is required to be scrutinized or reviewed
by the review organization, to receive medical care or treatment as a result of a determination by
the review organization that medical care was unnecessary or inappropriate.
The protections from liability provided in this subdivision shall also apply to the governing
body of the review organization and shall not be waived as a result of referral of a matter from the
review organization to the governing body or consideration by the governing body of decisions,
recommendations, or documentation of the review organization.
    Subd. 2. Organizations. No state or local association of professionals or organization of
professionals from a particular area shall be liable for damages or other relief in any action
brought by a person whose activities have been or are being scrutinized or reviewed by a review
organization established by the association or organization, unless the association or organization
was motivated by malice towards the person affected by the review or scrutiny.
History: 1971 c 283 s 3; 1974 c 295 s 3; 1985 c 184 s 2; 1986 c 444; 1987 c 152 art 2 s 1;
1989 c 282 art 3 s 31; 1991 c 137 s 4