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PATIENT CARE OMBUDSMAN -- Health Care Case -- Chapter 7, 9 or 11

FRBP 2007.2 -- PATIENT CARE OMBUDSMAN -- Health Care Case -- Chapter 7, 9 or 11

Pursuant to BK Code section 333, if the debtor indicates in the bankruptcy petition that the debtor is a health care case, the court must order the appointment of a health care ombudsman within 30 days of the petition date. 

FRBP 2007.2 provides that this requirement does not apply if the U.S. trustee or another party files a motion within 21 days of the petition date and establishes by admissible evidence that a patient care ombudsman is not necessary to protect patients.  Any party who files such a motion must serve it using the contested matter provisions of FRBP 9014.

FRBP 2015.1 provides the duties of a patient care ombudsman, including filing reports and the ability to file a motion for permission to review confidential patient records.  The ombudsman must serve that motion using the contested matter provisions of FRBP 9014.

The court has a form notice to set a hearing on any of these motions.  See link below.

Section: 
Section 4 - Match Local Bankruptcy Rules with Forms
Section Number or LBR Number: 
2007.2
Reference to Local Rules and/or Forms: