§333. Appointment of patient care ombudsman — Inbound Citations

11 U.S.C. § 333

Cited by 6 provisions in release 119-102.

Citations to 11 U.S.C. § 333 as a whole

11 U.S.C. § 330(a)(1)

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(1) After notice to the parties in interest and the United States Trustee and a hearing, and subject to sections 326, 328, and 329, the court may award to a trustee, a consumer privacy ombudsman appointed under section 332, an examiner, an ombudsman appointed under section 333, or a professional person employed under section 327 or 1103—

(A) reasonable compensation for actual, necessary services rendered by the trustee, examiner, ombudsman, professional person, or attorney and by any paraprofessional person employed by any such person; and

(B) reimbursement for actual, necessary expenses.
11 U.S.C. § 901(a)

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(a) Sections 301, 333, 344, 347(b), 349, 350(b) 351,,¹ 361, 362, 364(c), 364(d), 364(e), 364(f), 365, 366, 501, 502, 503, 504, 506, 507(a)(2), 509, 510, 524(a)(1), 524(a)(2), 544, 545, 546, 547, 548, 549(a), 549(c), 549(d), 550, 551, 552, 553, 555, 556, 557, 559, 560, 561, 562, 1102, 1103, 1109, 1111(b), 1122, 1123(a)(1), 1123(a)(2), 1123(a)(3), 1123(a)(4), 1123(a)(5), 1123(b), 1123(d), 1124, 1125, 1126(a), 1126(b), 1126(c), 1126(e), 1126(f), 1126(g), 1127(d), 1128, 1129(a)(2), 1129(a)(3), 1129(a)(6), 1129(a)(8), 1129(a)(10), 1129(b)(1), 1129(b)(2)(A), 1129(b)(2)(B), 1142(b), 1143, 1144, and 1145 of this title apply in a case under this chapter.
Fed. R. Bankr. P. 2007.2(a)

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(a) In a Chapter 7, 9, or 11 case in which the debtor is a health care business, the court must order the appointment of a patient-care ombudsman under § 333—unless the court, on motion of the United States trustee or a party in interest, finds that appointing one is not necessary to protect patients. The motion must be filed within 21 days after the case was commenced or at another time set by the court.
Fed. R. Bankr. P. 2007.2(c)

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(c) When a patient-care ombudsman is appointed under § 333, the United States trustee must promptly file a notice of the appointment, including the name and address of the person appointed. Unless that person is a State Long-Term-Care Ombudsman, the notice must be accompanied by a verified statement of the person appointed setting forth that person’s connections with:

(1) the debtor;

(2) creditors;

(3) patients;

(4) any other party in interest;

(5) the attorneys and accountants of those in (1)–(4);

(6) the United States trustee; or

(7) any person employed in the United States trustee’s office.

Citations to §333(b)(2)

Fed. R. Bankr. P. 2015.1(a)

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(a) Unless the court orders otherwise, a patient-care ombudsman must give at least 14 days’ notice before making a report under § 333(b)(2).

(1) Recipients of the Notice. The notice must be sent to the United States trustee, posted conspicuously at the health-care facility that is the report’s subject, and served on:

• the debtor;

• the trustee;

• all patients;

• any committee elected under § 705 or appointed under § 1102 or its authorized agent;

• in a Chapter 9 or 11 case, the creditors on the list filed under Rule 1007(d) if no committee of unsecured creditors has been appointed under § 1102; and

• any other entity as the court orders.

(2) Content of the Notice. The notice must state:

(A) the date and time when the report will be made;

(B) the manner in which it will be made; and

(C) if it will be in writing, the name, address, telephone number, email address, and any website of the person from whom a copy may be obtained at the debtor’s expense.

Citations to §333(c)

Fed. R. Bankr. P. 2015.1(b)(1)

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(1) Motion to Review; Service. Rule 9014 governs a patient-care ombudsman’s motion under § 333(c) to review confidential patient records. The motion must:

(A) be served on the patient;

(B) be served on any family member or other contact person whose name and address have been given to the trustee or the debtor in order to provide information about the patient’s health care; and

(C) be sent to the United States trustee, subject to applicable nonbankruptcy law concerning patient privacy.