11 U.S.C. § 333 : US Code - Section 333: Appointment of patient care ombudsman

Search 11 U.S.C. § 333 : US Code - Section 333: Appointment of patient care ombudsman

(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.