LawWiki
HomeCodesSearchGlossaryAPIAbout
LawWiki

Plain English summaries of California law with zero-hallucination AI. Every summary is verified against official source text.

Product

  • Search
  • Codes
  • About

Legal

  • Privacy Policy
  • Terms of Service
  • Disclaimer

© 2026 LawWiki. All rights reserved.

HomeHealth and Safety CodeDiv. 2Ch. 2.2Art. 5§ 1370 Healthcare Quality Review Immunity

§ 1370 Healthcare Quality Review Immunity

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1370 Healthcare Quality Review Immunity

Key Takeaways

  • •Health plans must check the quality of care, how doctors do their jobs, and how services are used.
  • •People in these reviews can't be sued for what they say or do in the review if they act fairly and without bad intentions.
  • •What happens in these reviews is private and can't be used in court, except in special cases like bad faith insurance claims.
  • •This law doesn't protect the health plan itself from being sued if they do something wrong.

Example

A doctor makes a mistake during surgery, and another doctor reviews the case in a quality check meeting.

The doctor who reviewed the case can't be sued for what they said in the meeting, as long as they were fair and didn't lie. But if the health plan did something wrong, like not fixing a known problem, they can still be sued.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1370 Healthcare Quality Review Immunity

Every plan shall establish procedures in accordance with department regulations for continuously reviewing the quality of care, performance of medical personnel, utilization of services and facilities, and costs. Notwithstanding any other provision of law, there shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any person who participates in plan or provider quality of care or utilization reviews by peer review committees which are composed chiefly of physicians and surgeons or dentists, psychologists, or optometrists, or any of the above, for any act performed during the reviews if the person acts without malice, has made a reasonable effort to obtain the facts of the matter, and believes that the action taken is warranted by the facts, and neither the proceedings nor the records of the reviews shall be subject to discovery, nor shall any person in attendance at the reviews be required to testify as to what transpired thereat. Disclosure of the proceedings or records to the governing body of a plan or to any person or entity designated by the plan to review activities of the plan or provider committees shall not alter the status of the records or of the proceedings as privileged communications. The above prohibition relating to discovery or testimony shall not apply to the statements made by any person in attendance at a review who is a party to an action or proceeding the subject matter of which was reviewed, or to any person requesting hospital staff privileges, or in any action against an insurance carrier alleging bad faith by the carrier in refusing to accept a settlement offer within the policy limits, or to the director in conducting surveys pursuant to Section 1380. This section shall not be construed to confer immunity from liability on any health care service plan. In any case in which, but for the enactment of the preceding provisions of this section, a cause of action would arise against a health care service plan, the cause of action shall exist notwithstanding the provisions of this section. (Amended by Stats. 1999, Ch. 525, Sec. 105. Effective January 1, 2000. Operative July 1, 2000, or sooner, by Sec. 214 of Ch. 525.)

Last verified: January 23, 2026

Key Terms

liabilityinsuranceperformancemedicalhospitaldamageshealthphysician

Related Statutes

  • § 1374.12 State Hospital Coverage Equality
  • § 1367.0085 Bronze Plan Actuarial Value Range
  • § 1367.03 Timely Access Requirements
  • § 1367.2 Alcoholism Treatment Coverage Requirement
  • § 1367.35 Children Preventive Care Benefits

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 1370.
View Official Source