U.S. Code » Title 11 » Chapter CHAPTER 3— CASE ADMINISTRATION › Subchapter SUBCHAPTER II— OFFICERS

11 U.S.C. § 333

Appointment of patient care ombudsman

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

Notes of Decisions
Cited in 22 cases (4 in the last 5 years), 2006–2026 · leading case: In Re William L. Saber, Md, Pc, 369 B.R. 631 (Bankr.D. Colo. 2007).
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In Re William L. Saber, Md, Pc, 369 B.R. 631 (Bankr.D. Colo. 2007). · cites it 6× “THIS MATTER comes before the Court on the Debtor’s Motion for Relief from the Requirements of 11 U.S.C. § 333 that a Patient Care Ombudsman be Appointed (the “Motion”).”
In Re Alternate Fam. Care, 377 B.R. 754 (Bankr. S.D. Florida 2007). · cites it 3× “Pursuant to 11 U.S.C. § 333 (a)(1) 1 , if a debtor is a healthcare business the Court must appoint an ombudsman within 30 days of the commencement of a case unless the Court determines an ombudsman is not required.”
In re Valley Health Sys., 381 B.R. 756 (Bankr. C.D. Cal. 2008). · cites it 3× “11 U.S.C. § 333 (b). A. The District is a Health Care Business Neither party disputes the fact that the District meets the definition of a “health care business” under § 101(27A).”
In Re Med. Assocs. of Pinellas, L.L.C., 360 B.R. 356 (Bankr. M.D. Fla. 2007). · cites it 3× “11 U.S.C. § 333 (a)(1). BAPCPA also added a companion to section 333, new section 101(27A), which defines a “health care business” as “any public or private entity .”
In Re Banes, 355 B.R. 532 (Bankr. M.D.N.C. 2006). · cites it 3× “If the Debtor is a health care business, this court would be required to appoint a patient care ombudsman within thirty days to monitor the quality of patient care and represent the interest of the Debtor’s patients, unless the court found that such an appointment was not…”
In re Gardens Reg'l Hosp. & Med. Ctr., Inc., 567 B.R. 820 (Bankr. C.D. Cal. 2017). “See Second Interim Report of Patient Care Ombudsman Pursuant to 11 U.S.C. § 333 (b)(2) [Doc No. 657] at 10-16 (describing the .”
In Re Saint Vincents Catholic Med. Centers of Ny, 429 B.R. 139 (Bankr. S.D.N.Y. 2010). · cites it 2× “§ 586 (a), 11 U.S.C. § 333 (a)(2), Rule 2007.2(c)and an April 16, 2010 Order of this Court appointed a Patient Care Ombudsman.”
In re Flagship Franchises of Minnesota, LLC, 484 B.R. 759 (Bankr. D. Minn. 2013). · cites it 4× “(collectively “the debtor”) requested that the court determine that the appointment of a patient care ombudsman is not necessary here pursuant to 11 U.S.C. § 333 (a)(1). There were no objections.”
In Re Starmark Clinics, LP, 388 B.R. 729 (Bankr. S.D. Tex. 2008). “11 U.S.C. § 333 (a)(1).. With respect to the instant case, Debtor is a private entity which offers to the general public facilities and services for the diagnosis and treatment of physical injury, deformity, or disease, by, inter alia, the injection of foreign substances into…”
In Re 7-Hills Radiology, LLC., 350 B.R. 902 (Bankr. D. Nev. 2006). “” 11 U.S.C. § 333 (a)(1). 1 Although Interim Fed.”
In re Smiley Dental Arlington, PLLC, 503 B.R. 680 (Bankr. N.D. Tex. 2013). · cites it 3× “By the Order, the court set a hearing (the “Hearing”) pursuant to 11 U.S.C. § 333 (a)(1) and Federal Rule of Bankruptcy Procedure 2 2007.”
In Re North Shore Hematology-Oncology Assocs., P.C., Debtor, 400 B.R. 7 (Bankr. E.D.N.Y. 2008). · cites it 2× “” 11 U.S.C. § 333 (a)(1). Pursuant to Sections 333(a)(2)(A) and 333(b) of the Bankruptcy Code, if appointed, an ombudsman must be disinterested and must: (1) monitor the quality of patient- care provided to patients of the debtor, to the extent necessary under the circumstances,…”
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