Patient Care Ombudsman: What About Counsel?

Intensive Care

“The patient care ombudsman (PCO) has been the topic of many articles in this column since § 333 of the Bankruptcy Code was enacted in 2005. Although many thought when § 333 was enacted that PCOs would hire counsel to assist them in the discharge of their duties, many PCOs, the majority of whom are not attorneys, have proceeded without retaining counsel. This article explores whether that practice is permissible and, assuming it is not, whether PCOs have the authority under the Code to retain counsel.”

Article reprinted with permission of the American Bankruptcy Institute.