| AMENDMENTS
TO THE FEDERAL RULES OF BANKRUPTCY PROCEDURE
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Rule 6011. Disposal of Patient Records in Health
Care Business Case
(a) NOTICE BY PUBLICATION UNDER
§ 351(1)(A). A notice regarding the claiming
or disposing of patient records under § 351(1)(A) shall
not identify patients by name or other identifying information,
but shall:
(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 a person from whom information about
the patient records may be obtained and how those records
may be claimed; and
(3) state the date by which patient records must be claimed,
and that if they are not so claimed the records will be destroyed.
(b) NOTICE BY MAIL UNDER § 351(1)(B). Subject
to applicable nonbankuptcy law relating to patient privacy,
a notice regarding the claiming or disposing of patient records
under § 351(1) (B) shall, in addition to including the
information in subdivision (a), direct that a patient’s
family member or other representative who receives the notice
inform the patient of the notice, and be mailed to the patient
and any family member or other contact person whose name and
address have been given to the trustee or the debtor for the
purpose of providing information regarding the patient’s
health care, and to insurance companies known to have provided
health care insurance to the patient.
(c) PROOF OF COMPLIANCE WITH NOTICE REQUIREMENT. Unless the
court orders the trustee to file proof of compliance with
§ 351(1)(B) under seal, the trustee shall not file, but
shall maintain, the proof of compliance for a reasonable time.
(d) REPORT OF DESTRUCTION OF RECORDS. The
trustee shall file, not later than 30 days after the destruction
of patient records under § 351(3), a report certifying
that the unclaimed records have been destroyed and explaining
the method used to effect the destruction. The report shall
not identify patients by name or other identifying information.
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