Claiming Patient Records Scheduled for Destruction in a Health-Care-Business Case

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

Rule 6011.

(a)

Notice by Publication About the Records.

A notice by publication about destroying or claiming patient records under § 351(1)(A) must not identify any patient by name or contain other identifying information. The notice must:

(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 the person from whom information about the records may be obtained;

(3)

state how to claim the records and the final date for doing so; and

(4)

state that if they are not claimed by that date, they will be destroyed.

(b)

Notice by Mail About the Records.

(1)

Required Information. Subject to applicable nonbankruptcy law relating to patient privacy, a notice by mail about destroying or claiming patient records under § 351(1)(B) must:

(A)

include the information described in (a); and

(B)

direct a family member or other representative who receives the notice to tell the patient about it.

(2)

Mailing. The notice must be mailed to:

• the patient;

• any family member or other contact person whose name and address have been given to the trustee or debtor for providing information about the patient’s health care;

• the Attorney General of the State where the health-care facility is located; and

• any insurance company known to have provided health-care insurance to the patient.

(c)

Proof of Compliance with Notice Requirements.

Unless the court orders the trustee to file a proof of compliance with § 351(1)(B) under seal, the trustee must keep the proof of compliance for a reasonable time but not file it.

(d)

Report on the Destruction of Unclaimed Records.

Within 30 days after a patient’s unclaimed records have been destroyed under § 351(3), the trustee must file a report that certifies the destruction and explains the method used. The report must not identify any patient by name or by other identifying information.

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