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California Civil Code Section 43.98

Legal Research Home > California Lawyer > Civil Code > California Civil Code Section 43.98

(a) There shall be no monetary liability on the part of, and
no cause of action shall arise against, any consultant on account of
any communication by that consultant to the Director of the
Department of Managed Health Care or any other officer, employee,
agent, contractor, or consultant of the Department of Managed Health
Care, when that communication is for the purpose of determining
whether health care services have been or are being arranged or
provided in accordance with the Knox-Keene Health Care Service Plan
Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2
of the Health and Safety Code) and any regulation adopted thereunder
and the consultant does all of the following:
   (1) Acts without malice.
   (2) Makes a reasonable effort to obtain the facts of the matter
communicated.
   (3) Acts with a reasonable belief that the communication is
warranted by the facts actually known to the consultant after a
reasonable effort to obtain the facts.
   (4) Acts pursuant to a contract entered into on or after January
1, 1998, between the Commissioner of Corporations and a state
licensing board or committee, including, but not limited to, the
Medical Board of California, or pursuant to a contract entered into
on or after January 1, 1998, with the Commissioner of Corporations
pursuant to Section 1397.6 of the Health and Safety Code.
   (5) Acts pursuant to a contract entered into on or after July 1,
2000, between the Director of the Department of Managed Health Care
and a state licensing board or committee, including, but not limited
to, the Medical Board of California, or pursuant to a contract
entered into on or after July 1, 1999, with the Director of the
Department of Managed Health Care pursuant to Section 1397.6 of the
Health and Safety Code.
   (b) The immunities afforded by this section shall not affect the
availability of any other privilege or immunity which may be afforded
under this part.  Nothing in this section shall be construed to
alter the laws regarding the confidentiality of medical records.

Last modified: January 12, 2009