11 U.S.C. § 351

Disposal of patient records

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If a health care business commences a case under chapter 7, 9, or 11, and the trustee does not have a sufficient amount of funds to pay for the storage of patient records in the manner required under applicable Federal or State law, the following requirements shall apply:(1) The trustee shall—(A) promptly publish notice, in 1 or more appropriate newspapers, that if patient records are not claimed by the patient or an insurance provider (if applicable law permits the insurance provider to make that claim) by the date that is 365 days after the date of that notification, the trustee will destroy the patient records; and(B) during the first 180 days of the 365-day period described in subparagraph (A), promptly attempt to notify directly each patient that is the subject of the patient records and appropriate insurance carrier concerning the patient records by mailing to the most recent known address of that patient, or a family member or contact person for that patient, and to the appropriate insurance carrier an appropriate notice regarding the claiming or disposing of patient records.(2) If, after providing the notification under paragraph (1), patient records 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 with that agency, except that no Federal agency is required to accept patient records under this paragraph.(3) If, following the 365-day period described in paragraph (2) and after providing the notification under paragraph (1), patient records are not claimed by a patient 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.(Added Pub. L. 109–8, title XI, § 1102(a), Apr. 20, 2005, 119 Stat. 189.)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 6 cases (1 in the last 5 years), 1938–2024 · leading case: In Re: Jorden Saldana v. Martha Bronitsky, 122 F.4th 333 (9th Cir. 2024).

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In Re: Jorden Saldana v. Martha Bronitsky, 122 F.4th 333 (9th Cir. 2024). “3d at 356 (first citing 11 U.S.C. § 351 (2); and then citing 11 U.”

In Re 7-Hills Radiology, LLC., 350 B.R. 902 (Bankr. D. Nev. 2006). “Under the revisions to the Bankruptcy Code, health care business are restricted in the way in which they may dispose of patient records, 11 U.S.C. § 351 , and the manner in which they must transfer patients, 11 U.”

Pioneer Health Servs., Inc. (Bankr. S.D. Miss. 2020). · cites it 10× “(“Patrick”) and Pioneer Health Services of Oneida, LLC (“Oneida”), lacked the financial resources to store and dispose of patient records under non-bankruptcy law and, therefore, requested permission to invoke the provisions of 11 U.S.C. § 351 and Rule 6011 of the Federal Rules…”

In re: Colusa Reg'l Med. Ctr. (9th Cir. BAP 2019). “See 11 U.S.C. § 351 . These responsibilities increased the costs of administration; for example, early in the case, the Trustee had to seek bankruptcy court permission to destroy stale patient records.”

In re Camille Davis (6th Cir. 2020). “, 11 U.S.C. § 351 (2) (“[T]he trustee shall mail .”

In re Hammond, 22 F. Supp. 192 (S.D.N.Y. 1938). “Section 17 of the Bankruptcy Act, title, 11 U.S.C.A. § 351 , upon which the trustee relies, reads in part: “Debts not affected by a discharge.”

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