33-32-418. Liability limits for independent review organization. (1) Except as provided in subsection (2), an independent review organization or clinical peer working on behalf of an independent review organization or an employee, agent, or contractor of an independent review organization is not liable to any person for any opinions rendered or acts or omissions performed within the scope of the organization's or person's duties under the law during or upon completion of an external review conducted pursuant to this part.
(2) The liability exemption under subsection (1) does not apply if the opinion was rendered or if the act or omission was performed in bad faith or involved gross negligence.
History: En. Sec. 28, Ch. 428, L. 2015.
Structure Montana Code Annotated
Title 33. Insurance and Insurance Companies
Chapter 32. Health Utilization Review
33-32-402. Definitions for external review
33-32-403. Notice of right to external review
33-32-404. Request for external review
33-32-405. Exhaustion of internal grievance process
33-32-406. through 33-32-409 reserved
33-32-410. Standard external review
33-32-411. Expedited external review
33-32-413. and 33-32-414 reserved
33-32-415. Binding nature of external review decisions
33-32-416. Approval of independent review organizations -- renewal
33-32-417. Minimum qualifications for independent review organizations
33-32-418. Liability limits for independent review organization
33-32-421. External review reporting requirements