to take an action or make a recommendation described in the previous sentence and also includes professional review activities relating to a professional review action. In this chapter, an action is not considered to be based on the competence or professional conduct of a physician if the action is primarily based on— (A) the physician’s association, or lack of association, with a professional society or association, (B) the physician’s fees or the physician’s advertising or engaging in other competitive acts intended to solicit or retain business, (C) the physician’s participation in prepaid group health plans, salaried employment, or any other manner of delivering health services whether on a fee-for-service or other basis, (D) a phys Md.App. 527, 561-562, 769 A.2d 231, 251 (2001) (<HOLDING>). 20 . Dr. Freilich also cites an unreported
holding that for a plaintiffs evidence to survive the totality of the circumstances standard on summary judgment in a claim for sexual harassment it must be sufficiently specific severe pervasive and harmful to allow the fact finder to conclude that it was sufficient to establish the violation alleged recognizing that conduct amounts to actionable sexual harassment only when it is sufficiently severe or pervasive to alter the conditions of the victims employment and create an abusive working environment  alteration in original citation omitted holding that to survive a motion for summary judgment a party must make a showing sufficient to establish the existence of an element essential to that partys case and on which that party will bear the burden of proof at trial holding without discussing the plaintiffs burden of persuasion that the plaintiff had presented sufficient evidence to survive summary judgment holding single incident of sexual harassment was neither sufficiently pervasive nor severe to constitute a hostile work environment