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Adeptus Health Ombudsman Reconsideration Sought

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Adeptus Health’s health care ombudsman (Ombudsman), Dan McMurray, filed with the U.S. Bankruptcy Court a motion to reconsider and clarify, correct and/or modify the previous Court order directing appointment of a Ombudsman in order (i) to specify those healthcare facilities owned by or affiliated with the Debtors that fall within the scope of the Ombudsman’s engagement and (ii) to execute more fully and precisely the apparent intention to address in the appointment order the granting of access for the Ombudsman to protected health information of the Debtors’ patients so that he can properly conduct his monitoring of the care provided to patients in the Debtors’ facilities.

The motion explains, “In light of the quoted language from the Hinkelman Declaration, it is unclear to the Ombudsman whether patients of the Joint Ventures and other non-debtor affiliates are ‘patients/clients of the Debtors’ within the meaning of the Appointment Order. Another factor in making that determination is the role that any one or more of the debtors might play in managing or otherwise participating in the providing of patient care in the non-debtor facilities….While the Ombudsman takes no position on the issue of which patients are patients of the debtors, it is necessary for him to receive clarification so that he will visit and monitor all facilities which are within the scope of his engagement but not expend unnecessary time and unnecessary expense to the estates by visiting and monitoring facilities in several states which are not within the scope of his engagement. Finally, clarification is needed regarding the issue of whether closed facilities are within the scope of the Ombudsman’s engagement so that the Ombudsman may monitor the storage, preservation, security, and patient and provider access to the medical records of former patients.”

In addition, “In light of the frequency with which appointment orders confer access to patient records so that ombudsman may begin performing their functions and in light of the apparent intent to address such access in the Appointment Order, the Ombudsman requests that the Appointment Order be modified to accord with what the Ombudsman assumes was its intended effect.” The Ombudsman also filed with the Court a motion for an expedited hearing to consider this motion.”

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