This text of Fed. R. Bankr. P. 6011 (Claiming Patient Records Scheduled for Destruction in a Health-Care-Business Case) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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(a)NOTICE BY PUBLICATION ABOUT THE RECORDS. A notice by pub-
lication 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 ad-
dress, and website (if any) of the person from whom informa-
tion 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)NOTICEBYMAILABOUTTHERECORDS.
(1)Required Information. Subject to applicable nonbank-
ruptcy law relating to patient privacy, a notice by mail abou
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(a) NOTICE BY PUBLICATION ABOUT THE RECORDS. A notice by pub-
lication 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 ad-
dress, and website (if any) of the person from whom informa-
tion 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) NOTICEBYMAILABOUTTHERECORDS.
(1) Required Information. Subject to applicable nonbank-
ruptcy 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 compli-
ance 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 de-
struction and explains the method used. The report must not iden-
tify 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.)
PART VII—ADVERSARY PROCEEDINGS