Local Rule Rule 2007.2-1: APPOINTMENT OF PATIENT CARE OMBUDSMAN IN A HEALTH CARE BUSINESS CASE

Rule 2007.2-1 APPOINTMENT OF PATIENT CARE OMBUDSMAN IN A HEALTH CARE BUSINESS CASE Counsel for a debtor that is a "health care business" as defined in 11 U.S.C. § 101(27A) must schedule with the Court a case conference to occur as soon as practicable upon the filing of the bankruptcy petition but no later than fourteen (14) days after the petition date to discuss the provisions of section 333 of the Bankruptcy Code and Bankruptcy Rule 2007.2. If the debtor intends to seek a finding that the appointment of a patient care ombudsman is not necessary then the Court will set a schedule for the consideration of that issue that is consistent with the deadlines set forth in section 333 and Bankruptcy Rule 2007.2. The scheduling of a conference under this Rule shall excuse counsel from the requirement under Local Bankruptcy Rule 1007-2(e) to submit an order scheduling an initial case conference.

Comment This rule was added in 2024. Section 333 of the Bankruptcy Code requires the appointment of a patient care ombudsman in a chapter 7, 9 or 11 case in which the debtor is a health care business and provides that such appointment shall be made "no later than 30 days" after the commencement of the case, unless the court finds that the appointment is not necessary for the protection of patients under the specific facts of the case. Bankruptcy Rule 2007-2(a) further provides that the court "shall" order the appointment of a patient care ombudsman in a chapter 7, 9 or 11 case in which the debtor is a health care business unless the court finds, based on a motion filed no later than 21 days after the commencement of the case, that such an appointment is not necessary under the specific circumstances of the case for the protection of patients. This rule provides a procedure to ensure that any orders and determinations required by Section 333 and Bankruptcy Rule 2007.2 are made within the required time frames.