---
kind: "section"
citation: "11 U.S.C. § 333"
title: "11"
title_heading: "Bankruptcy"
number: "333"
heading: "Appointment of patient care ombudsman"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/11/333"
units:
  - "Chapter 3 — Case Administration"
  - "Subchapter II — Officers"
---

# §333. Appointment of patient care ombudsman

- (a)
  - (1) If the [debtor](/usc/11/101.md?p=13) in a case under chapter [7](/usc/11/chch7.md), [9](/usc/11/chch9.md), or [11](/usc/11/chch11.md) is a [health care business](/usc/11/101.md?p=27A), 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](/usc/11/101.md?p=40A) care and to represent the interests of the [patients](/usc/11/101.md?p=40A) of the [health care business](/usc/11/101.md?p=27A) unless the court finds that the appointment of such ombudsman is not necessary for the protection of [patients](/usc/11/101.md?p=40A) under the specific facts of the case.
  - (2)
    - (A) If the court orders the appointment of an ombudsman under [paragraph (1)](#a-1), the [United States](/usc/11/101.md?p=55) trustee shall appoint 1 [disinterested person](/usc/11/101.md?p=14) (other than the [United States](/usc/11/101.md?p=55) trustee) to serve as such ombudsman.
    - (B) If the [debtor](/usc/11/101.md?p=13) is a [health care business](/usc/11/101.md?p=27A) that provides long-term care, then the [United States](/usc/11/101.md?p=55) trustee may appoint the [State](/usc/11/101.md?p=52) Long-Term Care Ombudsman appointed under the Older Americans Act of 1965 for the [State](/usc/11/101.md?p=52) in which the case is pending to serve as the ombudsman required by [paragraph (1)](#a-1).
    - (C) If the [United States](/usc/11/101.md?p=55) trustee does not appoint a [State](/usc/11/101.md?p=52) Long-Term Care Ombudsman under [subparagraph (B)](#a-2-B), the court shall notify the [State](/usc/11/101.md?p=52) Long-Term Care Ombudsman appointed under the Older Americans Act of 1965 for the [State](/usc/11/101.md?p=52) in which the case is pending, of the name and address of the [person](/usc/11/101.md?p=41) who is appointed under [subparagraph (A)](#a-2-A).
- (b) An ombudsman appointed under [subsection (a)](#a) shall—
  - (1) monitor the quality of [patient](/usc/11/101.md?p=40A) care provided to [patients](/usc/11/101.md?p=40A) of the [debtor](/usc/11/101.md?p=13), to the extent necessary under the circumstances, including interviewing [patients](/usc/11/101.md?p=40A) 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](/usc/11/101.md?p=40A) care provided to [patients](/usc/11/101.md?p=40A) of the [debtor](/usc/11/101.md?p=13); and
  - (3) if such ombudsman determines that the quality of [patient](/usc/11/101.md?p=40A) care provided to [patients](/usc/11/101.md?p=40A) of the [debtor](/usc/11/101.md?p=13) 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)](#a) shall maintain any information obtained by such ombudsman under this section that relates to [patients](/usc/11/101.md?p=40A) (including information relating to [patient records](/usc/11/101.md?p=40B)) as confidential information. Such ombudsman may not review confidential [patient records](/usc/11/101.md?p=40B) 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)](#a-2-B) shall have access to [patient records](/usc/11/101.md?p=40B) consistent with authority of such ombudsman under the Older Americans Act of 1965 and under non-Federal laws governing the [State](/usc/11/101.md?p=52) Long-Term Care Ombudsman program.

## Source credit

(Added Pub. L. 109–8, title XI, § 1104(a)(1), Apr. 20, 2005, 119 Stat. 191.)

## Notes

### 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.