§333 Appointment of Patient Care Ombudsman

Summary

If a health care business files for bankruptcy under chapter 7, 9, or 11, the court must order an ombudsman within 30 days to watch over patient care and speak for patients unless the court decides it is not needed. The United States Trustee must pick one impartial person (not the United States Trustee) to be the ombudsman. If the business is a long-term care provider, the United States Trustee may pick the State Long-Term Care Ombudsman named under the Older Americans Act of 1965. If the State Long-Term Care Ombudsman is not chosen, the court must tell that State ombudsman who was appointed. The ombudsman must monitor patient care, including talking with patients and doctors. The ombudsman must report to the court within 60 days of being named and then at least every 60 days after that. If care gets much worse or is seriously harmed, the ombudsman must file a motion or report right away and notify interested parties. All patient information the ombudsman gets must be kept confidential. The ombudsman cannot look at confidential patient records unless the court allows it and sets protections. A State Long-Term Care Ombudsman keeps access to records allowed under the Older Americans Act and state law.