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Full title: Proposed Order Authorizing Procedures to Maintain and Protect Confidential Resident Information Filed by Debtor The Prospect-Woodward Home (RE: related document(s) 23 Motion (BK) filed by Debtor The Prospect-Woodward Home) (Graham, Owen) (Entered: 09/02/2021)

Document posted on Sep 1, 2021 in the bankruptcy, 3 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

Upon the Emergency Ex Parte Motion of Debtor for Entry of an Order Authorizing Procedures to Maintain and Protect Confidential Resident Information (the “Motion”)2 of the Debtor for entry of an order (this “Order”) authorizing the implementation of procedures to protect confidential information of current and former residents of the Debtor (collectively, the “Residents”); the Court having reviewed the Motion and the First Day Declaration; and the Court having jurisdiction over this matter pursuant to 28 U.S.C. 157 and §§ 1334(b); and the Court having found that this matter is a core proceeding pursuant to 28 U.S.C. § 157(b)(2); and the Court having found that venue of this proceeding and the Motion in this district is proper pursuant to 28 U.S.C. §§ 1408 and 1409; and the Court having determined that the relief requested in the Motion is in the best interests of the Debtor, the estate, creditors, and other parties in interest; and it appearing that proper and adequate notice of the Motion has been given and that no other or further notice is necessary; and upon the record herein; and after due deliberation thereon; and good and sufficient cause appearing therefore, it is hereby 1 The Debtor is not required to file the Resident Matrix and the Resident Schedules in the format as required by the Local Rules for the United States Bankruptcy Court for the District of New Hampshire, but is permitted to file a redacted version of the Resident Schedules that redacts the names and addresses of the Resident and assigns a unique identification number to each of the Resident, provided, however, that the Resident Matrix and the Resident Schedules may be reviewed by (a) this Court, (b) the Office of the United States Trustee, and (c) any other party in interest that obtains, after notice and a hearing, an order directing the Debtor to disclose the Resident Matrix and Resident Schedules to such party.To the extent any Resident discloses his or her health information in any pleading, proof of claim, notice or other publicly available document, the Debtor and its professionals shall, and to the extent required by the Bankruptcy Code, the Bankruptcy Rules, or any other applicable law, rule or court order, include protected health information about the Resident in any subsequent pleading, notice, document, list or other public disclosure made in connection with this Chapter 11 Case, and such use or disclosure shall not be deemed to be an “impermissible disclosure” within the meaning of HIPAA or any regulation promulgated thereunder.The Debtor is authorized to take all actions it deems necessary to effectuate the relief granted pursuant to this Order in accordance with the Motion.Notwithstanding any Bankruptcy Rule that might otherwise delay the effectiveness of this Order, the terms and conditions of this Order shall be immediately effective and enforceable upon its entry.

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Document Contents

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF NEW HAMPSHIRE In re: ) Chapter 11 ) Prospect-Woodward Home ) Case No. 21-10523 (BAH) dba Hillside Village, ) ) Re: Docket No. 23 Debtor. 1 ) ) ORDER AUTHORIZING PROCEDURES TO MAINTAIN AND PROTECT CONFIDENTIAL RESIDENT INFORMATION Upon the Emergency Ex Parte Motion of Debtor for Entry of an Order Authorizing Procedures to Maintain and Protect Confidential Resident Information (the “Motion”)2 of the Debtor for entry of an order (this “Order”) authorizing the implementation of procedures to protect confidential information of current and former residents of the Debtor (collectively, the “Residents”); the Court having reviewed the Motion and the First Day Declaration; and the Court having jurisdiction over this matter pursuant to 28 U.S.C. 157 and §§ 1334(b); and the Court having found that this matter is a core proceeding pursuant to 28 U.S.C. § 157(b)(2); and the Court having found that venue of this proceeding and the Motion in this district is proper pursuant to 28 U.S.C. §§ 1408 and 1409; and the Court having determined that the relief requested in the Motion is in the best interests of the Debtor, the estate, creditors, and other parties in interest; and it appearing that proper and adequate notice of the Motion has been given and that no other or further notice is necessary; and upon the record herein; and after due deliberation thereon; and good and sufficient cause appearing therefore, it is hereby 1 The last four digits of the Debtor’s federal taxpayer identification are 2146. The address of the Debtor’s headquarters is 95 Wyman Road, Keene, New Hampshire 03431. 2 Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Motion.

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ORDERED, ADJUDGED, AND DECREED THAT: 1. The Motion is GRANTED as set forth herein. 2. The Debtor, with the assistance of its professionals, is authorized to prepare and maintain the Resident Matrix and the Resident Schedules. 3. The Debtor is not required to file the Resident Matrix and the Resident Schedules in the format as required by the Local Rules for the United States Bankruptcy Court for the District of New Hampshire, but is permitted to file a redacted version of the Resident Schedules that redacts the names and addresses of the Resident and assigns a unique identification number to each of the Resident, provided, however, that the Resident Matrix and the Resident Schedules may be reviewed by (a) this Court, (b) the Office of the United States Trustee, and (c) any other party in interest that obtains, after notice and a hearing, an order directing the Debtor to disclose the Resident Matrix and Resident Schedules to such party. 4. If the Debtor’s proposed Claims Agent serves any document upon any person listed on the Resident Matrix, the Claims Agent is authorized to note in the certificate of service that the parties served include individuals listed on the Resident Matrix. 5. To the extent any Resident discloses his or her health information in any pleading, proof of claim, notice or other publicly available document, the Debtor and its professionals shall, and to the extent required by the Bankruptcy Code, the Bankruptcy Rules, or any other applicable law, rule or court order, include protected health information about the Resident in any subsequent pleading, notice, document, list or other public disclosure made in connection with this Chapter 11 Case, and such use or disclosure shall not be deemed to be an “impermissible disclosure” within the meaning of HIPAA or any regulation promulgated thereunder.

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6. The Debtor is authorized to take all actions it deems necessary to effectuate the relief granted pursuant to this Order in accordance with the Motion. 7. Notwithstanding any Bankruptcy Rule that might otherwise delay the effectiveness of this Order, the terms and conditions of this Order shall be immediately effective and enforceable upon its entry. 8. This Court shall retain jurisdiction over any and all matters arising from the interpretation, implementation, or enforcement of this Order. Dated: _______________________________ Bruce A. Harwood Chief Bankruptcy Judge

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