---
kind: "section"
citation: "11 U.S.C. § 351"
title: "11"
title_heading: "Bankruptcy"
number: "351"
heading: "Disposal of patient records"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/11/351"
units:
  - "Chapter 3 — Case Administration"
  - "Subchapter III — Administration"
---

# §351. Disposal of patient records


If a [health care business](/usc/11/101.md?p=27A) commences a case under chapter [7](/usc/11/chch7.md), [9](/usc/11/chch9.md), or [11](/usc/11/chch11.md), and the trustee does not have a sufficient amount of funds to pay for the storage of [patient records](/usc/11/101.md?p=40B) in the manner required under applicable Federal or [State](/usc/11/101.md?p=52) law, the following requirements shall apply:

- (1) The trustee shall—
  - (A) promptly publish notice, in 1 or more appropriate newspapers, that if [patient records](/usc/11/101.md?p=40B) are not claimed by the [patient](/usc/11/101.md?p=40A) or an insurance provider (if applicable law permits the insurance provider to make that [claim](/usc/11/101.md?p=5)) by the date that is 365 days after the date of that notification, the trustee will destroy the [patient records](/usc/11/101.md?p=40B); and
  - (B) during the first 180 days of the 365-day period described in [subparagraph (A)](#1-A), promptly attempt to notify directly each [patient](/usc/11/101.md?p=40A) that is the subject of the [patient records](/usc/11/101.md?p=40B) and appropriate insurance carrier concerning the [patient records](/usc/11/101.md?p=40B) by mailing to the most recent known address of that [patient](/usc/11/101.md?p=40A), or a family member or contact [person](/usc/11/101.md?p=41) for that [patient](/usc/11/101.md?p=40A), and to the appropriate insurance carrier an appropriate notice regarding the claiming or disposing of [patient records](/usc/11/101.md?p=40B).
- (2) If, after providing the notification under [paragraph (1)](#1), [patient records](/usc/11/101.md?p=40B) 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](/usc/11/101.md?p=40B) with that agency, except that no Federal agency is required to accept [patient records](/usc/11/101.md?p=40B) under this paragraph.
- (3) If, following the 365-day period described in [paragraph (2)](#2) and after providing the notification under [paragraph (1)](#1), [patient records](/usc/11/101.md?p=40B) are not claimed by a [patient](/usc/11/101.md?p=40A) 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.

## Source credit

(Added Pub. L. 109–8, title XI, § 1102(a), Apr. 20, 2005, 119 Stat. 189.)

## Notes

### 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.