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

Summary

When a health care business files for bankruptcy under chapter 7, 9, or 11 and the person in charge of the case (the trustee) lacks money to keep patient records, the trustee must tell people what will happen. The trustee must publish a notice in one or more newspapers saying patients or their insurance company (if the law allows insurers to claim records) have 365 days to claim the records. In the first 180 days, the trustee must also try to mail a notice to each patient (or a family member or contact) and to the insurance carrier at the last known address. If no one claims the records within 365 days, the trustee must send a certified letter to each relevant Federal agency asking if the agency will take the records (an agency can refuse). If records remain unclaimed and no agency accepts them, the trustee must destroy them: paper records by shredding or burning, and electronic records so they cannot be recovered.

Title 11, §351

Bankruptcy — Source: USLM XML via OLRC

If a health care business commences a case under chapter 7, 9, or 11, and the trustee does not have a sufficient amount of funds to pay for the storage of patient records in the manner required under applicable Federal or State law, the following requirements shall apply:

(1)The trustee shall—

(A)promptly publish notice, in 1 or more appropriate newspapers, that if patient records are not claimed by the patient or an insurance provider (if applicable law permits the insurance provider to make that claim) by the date that is 365 days after the date of that notification, the trustee will destroy the patient records; and

(B)during the first 180 days of the 365-day period described in subparagraph (A), promptly attempt to notify directly each patient that is the subject of the patient records and appropriate insurance carrier concerning the patient records by mailing to the most recent known address of that patient, or a family member or contact person for that patient, and to the appropriate insurance carrier an appropriate notice regarding the claiming or disposing of patient records.

(2)If, after providing the notification under paragraph (1), patient records are not claimed during the 365-day period described under that paragraph, the trustee shall mail, by certified mail, at the end of such 365-day period a written request to each appropriate Federal agency to request permission from that agency to deposit the patient records with that agency, except that no Federal agency is required to accept patient records under this paragraph.

(3)If, following the 365-day period described in paragraph (2) and after providing the notification under paragraph (1), patient records are not claimed by a patient or insurance provider, or request is not granted by a Federal agency to deposit such records with that agency, the trustee shall destroy those records by—

(A)if the records are written, shredding or burning the records; or

(B)if the records are magnetic, optical, or other electronic records, by otherwise destroying those records so that those records cannot be retrieved.

Notes & Related Subsidiaries

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.

§351 Disposal of patient records

Summary

Title 11, §351

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata