Page:United States Statutes at Large Volume 119.djvu/207

 PUBLIC LAW 109–8—APR. 20, 2005

119 STAT. 189

TITLE XI—HEALTH CARE AND EMPLOYEE BENEFITS SEC. 1101. DEFINITIONS.

(a) HEALTH CARE BUSINESS DEFINED.—Section 101 of title 11, United States Code, as amended by section 306, is amended— (1) by redesignating paragraph (27A) as paragraph (27B); and (2) by inserting after paragraph (27) the following: ‘‘(27A) ‘health care business’— ‘‘(A) means any public or private entity (without regard to whether that entity is organized for profit or not for profit) that is primarily engaged in offering to the general public facilities and services for— ‘‘(i) the diagnosis or treatment of injury, deformity, or disease; and ‘‘(ii) surgical, drug treatment, psychiatric, or obstetric care; and ‘‘(B) includes— ‘‘(i) any— ‘‘(I) general or specialized hospital; ‘‘(II) ancillary ambulatory, emergency, or surgical treatment facility; ‘‘(III) hospice; ‘‘(IV) home health agency; and ‘‘(V) other health care institution that is similar to an entity referred to in subclause (I), (II), (III), or (IV); and ‘‘(ii) any long-term care facility, including any— ‘‘(I) skilled nursing facility; ‘‘(II) intermediate care facility; ‘‘(III) assisted living facility; ‘‘(IV) home for the aged; ‘‘(V) domiciliary care facility; and ‘‘(VI) health care institution that is related to a facility referred to in subclause (I), (II), (III), (IV), or (V), if that institution is primarily engaged in offering room, board, laundry, or personal assistance with activities of daily living and incidentals to activities of daily living;’’. (b) PATIENT AND PATIENT RECORDS DEFINED.—Section 101 of title 11, United States Code, is amended by inserting after paragraph (40) the following: ‘‘(40A) ‘patient’ means any individual who obtains or receives services from a health care business; ‘‘(40B) ‘patient records’ means any written document relating to a patient or a record recorded in a magnetic, optical, or other form of electronic medium;’’. (c) RULE OF CONSTRUCTION.—The amendments made by subsection (a) of this section shall not affect the interpretation of section 109(b) of title 11, United States Code.

11 USC 101 note.

SEC. 1102. DISPOSAL OF PATIENT RECORDS.

(a) IN GENERAL.—Subchapter III of chapter 3 of title 11, United States Code, is amended by adding at the end the following:

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