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| AMENDMENTS
TO THE FEDERAL RULES OF BANKRUPTCY PROCEDURE
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Rule 2007.2. Appointment of Patient Care
Ombudsman in a Health Care Business Case
(a) ORDER TO APPOINT PATIENT CARE
OMBUDSMAN. In a chapter 7, chapter 9, or chapter 11
case in which the debtor is a health care business, the court
shall order the appointment of a patient care ombudsman under
§ 333 of the Code, unless the court, on motion of the United
States trustee or a party in interest filed not later than 20
days after the commencement of the case or within another time
fixed by the court, finds that the appointment of a patient
care ombudsman is not necessary for the protection of patients
under the specific circumstances of the case.
(b) MOTION FOR ORDER TO APPOINT OMBUDSMAN. If the court
has ordered that the appointment of an ombudsman is not necessary,
or has ordered the termination of the appointment of an ombudsman,
the court, on motion of the United States trustee or a party
in interest, may order the appointment at any time during the
case if the court finds that the appointment of an ombudsman
has become necessary to protect patients.
(c) APPOINTMENT OF OMBUDSMAN. If a patient care ombudsman is
appointed under § 333, the United States trustee shall
promptly file a notice of the appointment, including the name
and address of the person appointed. Unless the person appointed
is a State Long-Term Care Ombudsman, the notice shall be accompanied
by a verified statement of the person appointed setting forth
the person’s connections with the debtor, creditors, patients,
any other party in interest, their respective attorneys and
accountants, the United States trustee, and any person employed
in the office of the United States trustee.
(d) TERMINATION OF APPOINTMENT. On motion of
the United States trustee or a party in interest, the court
may terminate the appointment of a patient care ombudsman if
the court finds that the appointment is not necessary for the
protection of patients.
(e) MOTION. A motion under this rule shall
be governed by Rule 9014. The motion shall be transmitted to
the United States trustee and served on the debtor, the trustee,
any committee elected under § 705 or appointed under §
1102 of the Code or its authorized agent, or, if the case is
a chapter 9 municipality case or a chapter 11 reorganization
case and no committee of unsecured creditors has been appointed
under § 1102, on the creditors included on the list filed
under Rule 1007(d), and such other entities as the court may
direct. |
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