Los Angeles Bankruptcy Attorney, Bankruptcy Lawyer, Bankruptcy Code 11 USC Section 351

TITLE 11 - BANKRUPTCY
CHAPTER 3 - CASE ADMINISTRATION
    SUBCHAPTER III - ADMINISTRATION

-HEAD-
    Sec. 351. Disposal of patient records

-STATUTE-
      If a health care business commences a case under chapter 7, 9, or
    11, and the trustee does not have a sufficient amount of funds to
    pay for the storage of patient records in the manner required under
    applicable Federal or State law, the following requirements shall
    apply:
        (1) The trustee shall - 
          (A) promptly publish notice, in 1 or more appropriate
        newspapers, that if patient records are not claimed by the
        patient or an insurance provider (if applicable law permits the
        insurance provider to make that claim) by the date that is 365
        days after the date of that notification, the trustee will
        destroy the patient records; and
          (B) during the first 180 days of the 365-day period described
        in subparagraph (A), promptly attempt to notify directly each
        patient that is the subject of the patient records and
        appropriate insurance carrier concerning the patient records by
        mailing to the most recent known address of that patient, or a
        family member or contact person for that patient, and to the
        appropriate insurance carrier an appropriate notice regarding
        the claiming or disposing of patient records.

        (2) If, after providing the notification under paragraph (1),
      patient records are not claimed during the 365-day period
      described under that paragraph, the trustee shall mail, by
      certified mail, at the end of such 365-day period a written
      request to each appropriate Federal agency to request permission
      from that agency to deposit the patient records with that agency,
      except that no Federal agency is required to accept patient
      records under this paragraph.
        (3) If, following the 365-day period described in paragraph (2)
      and after providing the notification under paragraph (1), patient
      records are not claimed by a patient or insurance provider, or
      request is not granted by a Federal agency to deposit such
      records with that agency, the trustee shall destroy those records
      by - 
          (A) if the records are written, shredding or burning the
        records; or
          (B) if the records are magnetic, optical, or other electronic
        records, by otherwise destroying those records so that those
        records cannot be retrieved.

-SOURCE-
    (Added Pub. L. 109-8, title XI, Sec. 1102(a), Apr. 20, 2005, 119
    Stat. 189.)


                              EFFECTIVE DATE                          
      Section effective 180 days after Apr. 20, 2005, and not
    applicable with respect to cases commenced under this title before
    such effective date, except as otherwise provided, see section 1501
    of Pub. L. 109-8, set out as an Effective Date of 2005 Amendment
    note under section 101 of this title.

-End-
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