§333 — Title 11 Bankruptcy | U.S. Code

Summary

When a health care business files for bankruptcy under chapter 7, 9, or 11, the court must order an ombudsman within 30 days unless the court decides one is not needed to protect patients. The United States trustee will pick one neutral person (not the United States trustee) to serve. If the business provides long-term care, the trustee may appoint the State Long-Term Care Ombudsman under the Older Americans Act of 1965. If the trustee does not do that, the court must tell that State Ombudsman who was appointed and where to reach them. The ombudsman must watch how well patients are being cared for and speak up for their interests, including talking with patients and doctors when needed. They must report to the court within 60 days of appointment and at least every 60 days after that, after giving notice to interested parties, either at a hearing or in writing. If they find care is getting much worse or is being seriously harmed, they must file a motion or written report with the court and notify interested parties right away. The ombudsman must keep patient information private and may only review confidential patient records if the court approves and sets protections. A State Long-Term Care Ombudsman has record access consistent with the Older Americans Act and state laws.

Title 11, §333

Bankruptcy — Source: USLM XML via OLRC

(a)(1)If the debtor in a case under chapter 7, 9, or 11 is a health care business, the court shall order, not later than 30 days after the commencement of the case, the appointment of an ombudsman to monitor the quality of patient care and to represent the interests of the patients of the health care business unless the court finds that the appointment of such ombudsman is not necessary for the protection of patients under the specific facts of the case.

(2)(A)If the court orders the appointment of an ombudsman under paragraph (1), the United States trustee shall appoint 1 disinterested person (other than the United States trustee) to serve as such ombudsman.

(B)If the debtor is a health care business that provides long-term care, then the United States trustee may appoint the State Long-Term Care Ombudsman appointed under the Older Americans Act of 1965 for the State in which the case is pending to serve as the ombudsman required by paragraph (1).

(C)If the United States trustee does not appoint a State Long-Term Care Ombudsman under subparagraph (B), the court shall notify the State Long-Term Care Ombudsman appointed under the Older Americans Act of 1965 for the State in which the case is pending, of the name and address of the person who is appointed under subparagraph (A).

(b)An ombudsman appointed under subsection (a) shall—

(1)monitor the quality of patient care provided to patients of the debtor, to the extent necessary under the circumstances, including interviewing patients and physicians;

(2)not later than 60 days after the date of appointment, and not less frequently than at 60-day intervals thereafter, report to the court after notice to the parties in interest, at a hearing or in writing, regarding the quality of patient care provided to patients of the debtor; and

(3)if such ombudsman determines that the quality of patient care provided to patients of the debtor is declining significantly or is otherwise being materially compromised, file with the court a motion or a written report, with notice to the parties in interest immediately upon making such determination.

(c)(1)An ombudsman appointed under subsection (a) shall maintain any information obtained by such ombudsman under this section that relates to patients (including information relating to patient records) as confidential information. Such ombudsman may not review confidential patient records unless the court approves such review in advance and imposes restrictions on such ombudsman to protect the confidentiality of such records.

(2)An ombudsman appointed under subsection (a)(2)(B) shall have access to patient records consistent with authority of such ombudsman under the Older Americans Act of 1965 and under non-Federal laws governing the State Long-Term Care Ombudsman program.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Older Americans Act of 1965, referred to in subsecs. (a)(2)(B), (C) and (c)(2), is Pub. L. 89–73, July 14, 1965, 79 Stat. 218, which is classified generally to chapter 35 (§ 3001 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 3001 of Title 42 and Tables.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such

Effective Date

, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as an

Effective Date

of 2005 Amendment note under section 101 of this title.

§333 Appointment of patient care ombudsman

Summary

Title 11, §333

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

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