11 U.S.C. § 333 — Appointment of patient care ombudsman

(a) Appointment (1) If the debtor in a chapter 7, 9, or 11 bankruptcy case is a "health care business," the court must order an ombudsman appointed no later than 30 days after the case starts. The ombudsman's job is to monitor the quality of patient care and represent the interests of the debtor's patients. The court can skip this if it finds that, under the specific facts of the case, an ombudsman isn't necessary to protect patients. (2)(A) If the court orders an ombudsman appointed, the United States trustee picks one disinterested person — someone other than the trustee — to serve. (B) If the debtor is a health care business that provides long-term care, the trustee may instead appoint the State Long-Term Care Ombudsman for that state — the one appointed under the Older Americans Act of 1965 — to serve as the required ombudsman. (C) If the trustee doesn't appoint that state ombudsman under (B), the court must notify the state's Older Americans Act ombudsman of the name and address of the person appointed under (A). (b) Ombudsman's Duties An appointed ombudsman must: (1) monitor the quality of patient care given to the debtor's patients, as much as the circumstances require — including by interviewing patients and physicians; (2) no later than 60 days after being appointed, and at least every 60 days after that, report to the court on the quality of patient care — after notice to interested parties, at a hearing or in writing; and (3) if the ombudsman determines that patient care quality is declining significantly or is otherwise being materially compromised, immediately file a motion or a written report with the court, with notice to interested parties as soon as that determination is made. (c) Confidentiality (1) The ombudsman must keep any information gathered under this section that relates to patients — including patient records — confidential. The ombudsman may not review confidential patient records unless the court approves the review in advance and imposes restrictions to protect the records' confidentiality. (2) An ombudsman appointed under (a)(2)(B) — the State Long-Term Care Ombudsman — has access to patient records consistent with that ombudsman's authority under the Older Americans Act of 1965 and applicable non-federal law governing the State Long-Term Care Ombudsman program.