Fed. R. Bankr. P. 6011
Claiming Patient Records Scheduled for Destruction in a Health-Care-Business Case
(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 .)