Page:United States Statutes at Large Volume 119.djvu/210

 119 STAT. 192

PUBLIC LAW 109–8—APR. 20, 2005

such review in advance and imposes restrictions on such ombudsman to protect the confidentiality of such records. ‘‘(2) An ombudsman appointed under subsection (a)(2)(B) shall have access to patient records consistent with authority of such ombudsman under the Older Americans Act of 1965 and under non-Federal laws governing the State Long-Term Care Ombudsman program.’’. (2) CLERICAL AMENDMENT.—The table of sections for subchapter II of chapter 3 of title 11, United States Code, as amended by section 232, is amended by adding at the end the following: ‘‘333. Appointment of ombudsman.’’. (b) COMPENSATION OF OMBUDSMAN.—Section

330(a)(1) of title

11, United States Code, is amended— (1) in the matter preceding subparagraph (A), by inserting ‘‘an ombudsman appointed under section 333, or’’ before ‘‘a professional person’’; and (2) in subparagraph (A), by inserting ‘‘ombudsman,’’ before ‘‘professional person’’. SEC. 1105. DEBTOR IN POSSESSION; DUTY OF TRUSTEE TO TRANSFER PATIENTS.

(a) IN GENERAL.—Section 704(a) of title 11, United States Code, as amended by sections 102, 219, and 446, is amended by adding at the end the following: ‘‘(12) use all reasonable and best efforts to transfer patients from a health care business that is in the process of being closed to an appropriate health care business that— ‘‘(A) is in the vicinity of the health care business that is closing; ‘‘(B) provides the patient with services that are substantially similar to those provided by the health care business that is in the process of being closed; and ‘‘(C) maintains a reasonable quality of care.’’. (b) CONFORMING AMENDMENT.—Section 1106(a)(1) of title 11, United States Code, as amended by section 446, is amended by striking ‘‘and (11)’’ and inserting ‘‘(11), and (12)’’. SEC. 1106. EXCLUSION FROM PROGRAM PARTICIPATION NOT SUBJECT TO AUTOMATIC STAY.

Section 362(b) of title 11, United States Code, is amended by inserting after paragraph (27), as amended by sections 224, 303, 311, 401, 718, and 907, the following: ‘‘(28) under subsection (a), of the exclusion by the Secretary of Health and Human Services of the debtor from participation in the medicare program or any other Federal health care program (as defined in section 1128B(f) of the Social Security Act pursuant to title XI or XVIII of such Act).’’.

TITLE XII—TECHNICAL AMENDMENTS SEC. 1201. DEFINITIONS.

Section 101 of title 11, United States Code, as amended by this Act, is further amended— (1) by striking ‘‘In this title—’’ and inserting ‘‘In this title the following definitions shall apply:’’;

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