US Codex
U.S.C.
Notes

§351. Disposal of patient records — Inbound Citations

11 U.S.C. § 351

Cited by 5 provisions in release 119-102.

Citations to §351(1)(A)

  • (a) A notice by publication about destroying or claiming patient records under § 351(1)(A) must not identify any patient by name or contain other identifying information. The notice must:
    (1) identify with particularity the health-care facility whose patient records the trustee proposes to destroy;
    (2) state the name, address, telephone number, email address, and website (if any) of the person from whom information about the records may be obtained;
    (3) state how to claim the records and the final date for doing so; and
    (4) state that if they are not claimed by that date, they will be destroyed.

Citations to §351(1)(B)

  • (1) Required Information. Subject to applicable nonbankruptcy law relating to patient privacy, a notice by mail about destroying or claiming patient records under § 351(1)(B) must:
    (A) include the information described in (a); and
    (B) direct a family member or other representative who receives the notice to tell the patient about it.
  • (c) Unless the court orders the trustee to file a proof of compliance with § 351(1)(B) under seal, the trustee must keep the proof of compliance for a reasonable time but not file it.

Citations to §351(3)

  • (d) Within 30 days after a patient’s unclaimed records have been destroyed under § 351(3), the trustee must file a report that certifies the destruction and explains the method used. The report must not identify any patient by name or by other identifying information.