Appointing a Patient-Care Ombudsman in a Health Care Business Case

U.S Code last checked for updates: Jan 18, 2025

Rule 2007.2.

(a)

In General.

In a Chapter 7, 9, or 11 case in which the debtor is a health care business, the court must order the appointment of a patient-care ombudsman under § 333—unless the court, on motion of the United States trustee or a party in interest, finds that appointing one is not necessary to protect patients. The motion must be filed within 21 days after the case was commenced or at another time set by the court.

(b)

Deferring the Appointment.

If the court has found that appointing an ombudsman is unnecessary, or has terminated the appointment, the court may, on motion of the United States trustee or a party in interest, order an appointment later if it finds that an appointment has become necessary to protect patients.

(c)

Giving Notice.

When a patient-care ombudsman is appointed under § 333, the United States trustee must promptly file a notice of the appointment, including the name and address of the person appointed. Unless that person is a State Long-Term-Care Ombudsman, the notice must be accompanied by a verified statement of the person appointed setting forth that person’s connections with:

(1)

the debtor;

(2)

creditors;

(3)

patients;

(4)

any other party in interest;

(5)

the attorneys and accountants of those in (1)–(4);

(6)

the United States trustee; or

(7)

any person employed in the United States trustee’s office.

(d)

Terminating an Appointment.

On motion of the United States trustee or a party in interest, the court may terminate a patient-care ombudsman’s appointment that it finds to be unnecessary to protect patients.

(e)

Procedure.

Rule 9014 governs any motion under this Rule 2007.2. The motion must be sent to the United States trustee and served on:

• the debtor;

• the trustee;

• any committee elected under § 705 or appointed under § 1102, or its authorized agent; and

• any other entity as the court orders.

In a Chapter 9 or 11 case, if no committee of unsecured creditors has been appointed under § 1102, the motion must also be served on the creditors included on the list filed under Rule 1007(d).

(Added Apr. 23, 2008, eff. Dec. 1, 2008; amended Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 2, 2024, eff. Dec. 1, 2024.)