(a) (1) In this section, "adverse action" includes: (i) refusing to renew or execute a contract or agreement with a health care practitioner; (ii) making a report or commenting to an appropriate private or governmental entity regarding practices of legally protected health care as defined in § 2-312 of the State Personnel and Pensions Article; and (iii) increasing a premium for or making another type of unfavorable change regarding terms of coverage under a medical professional liability insurance contract agreement with a health care practitioner. (2) "Adverse action" does not include making a rate filing in accordance with § 11-206 of this article. (b) An insurer that issues to, delivers to, or renews medical professional liability insurance for a health care practitioner licensed, certified, or otherwise authorized by law to practice in the State may not take adverse action against a health care practitioner in whole or in part because the health care practitioner provides legally protected health care or makes a referral for legally protected health care. (c) This section does not prohibit the medical professional liability insurer from taking adverse action against a health care practitioner for conduct that would otherwise constitute professional misconduct.
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