Claiming Patient Records Scheduled for Destruction in

a Health-Care-Business Case (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) NOTICE BY MAIL ABOUT THE RECORDS. (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.) 85 FEDERAL RULES OF BANKRUPTCY PROCEDURE Rule 7004 PART VII—ADVERSARY PROCEEDINGS