Ofer of the & netan TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) AUG -5 P4:25 First Regular Session SENATE RECEIVED EY S. No. 960 Introduced by Senator Jinggoy Ejercito Estrada AN ACT STRENGTHENING THE RIGHTS OF PATIENTS AGAINST HOSPITAL DETENTION ON THE GROUND OF NONPAYMENT OF HOSPITAL BILLS AND MEDICAL EXPENSES AND PROVIDING STIFFER PENALTIES FOR VIOLATIONS THEREFOR, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9439 OTHERWISE KNOWN AS "AN ACT PROHIBITING THE DETENTION OF PATIENTS IN HOSPITALS AND MEDICAL CLINICS ON GROUNDS OF NONPAYMENT OF HOSPITAL BILLS OR MEDICAL EXPENSES" EXPLANATORY NOTE Republic Act No. 9439 was enacted into law in 27 April 2007 and declared as unlawful for any hospital or medical clinic to detain patients for reasons of nonpayment of hospital bills or medical expenses. In sponsoring Committee Report No. 302 which became the basis for the said law, Sen. Pia Cayetano who served as Chairperson of the Committee on Health and Demography said in her speech, "It has been a common practice now for hospitals to prevent the release of patients unless they fully or partially pay their hospital bills. While the collection of hospital bills is a legitimate concern on the part of the hospital management, the practice simply compounds the problem because the patient's extended stay causes his hospital bills to grow even higher. "I Almost two decades since her sponsorship and the bill's passage, the same illegal practice persists and continues to plague our health care system. My Office 1 Senate Journal. Session 65, February 8, 2007. Sponsorship Speech of Senator Pia Cayetano.
has been in receipt of numerous complaints from hapless families victimized by unscrupulous medical institutions. One reported how a medical center in Dasmariñas City, Cavite required them to pay at least 70% of their outstanding bill before his father who suffered heart attack can be finally discharged. "Sa bawat araw po na dumadaan ay lumalaki ang aming bill dahil sa kwarto na binabayaran namin, "he lamented. Another was asked to settle their bill amounting to P650,000 for a three-week hospitalization for cardiac arrest before they can be allowed to go home. "Dinecline po nila ang promisory note ko na babayaran ko sila kada buwan sa loob ng tatlong taon. Wala na daw pong ibang way para makalabas si Papa kundi bayaran sila, "the family's breadwinner bewailed. This proposed measure seeks to strengthen the rights of patients to adequate medical care, and to amend Republic Act No. 9439 to prescribe stiffer penalties against violations thereof. A fine of up to P200,000.00, imprisonment of up to three years, or both upon discretion of the court await officers or employees who will fail to observe the law. Meanwhile, up to six-year jail term and maximum fine of two million pesos will be meted upon directors or managers of medical facilities behind the formulation and implementation of continuing policies of hospital detention. In view of the foregoing, immediate consideration and approval of this legislation is hereby sought. fingstat l JINGGOY EJERCITO ESTRADA
C90lY:1 Oince of the series TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) AUG -5 P4:25 First Regular Session SENATE RECEIVED BY: S. No. _ Introduced by Senator Jinggoy Ejercito Estrada AN ACT STRENGTHENING THE RIGHTS OF PATIENTS AGAINST HOSPITAL DETENTION ON THE GROUND OF NONPAYMENT OF HOSPITAL BILLS AND MEDICAL EXPENSES AND PROVIDING STIFFER PENALTIES FOR VIOLATIONS THEREFOR, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9439 OTHERWISE KNOWN AS "AN ACT PROHIBITING THE DETENTION OF PATIENTS IN HOSPITALS AND MEDICAL CLINICS ON GROUNDS OF NONPAYMENT OF HOSPITAL BILLS OR MEDICAL EXPENSES" Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Section 1 of Republic Act No. 9439 is hereby amended to read as
follows: "SECTION 1. It shall be unlawful for any hospital, [or] medical clinic, OR ANY OTHER SIMILAR FACILITY in the country to detain or to otherwise cause, directly or indirectly, the detention of patients who have fully or partially recovered or have been adequately attended to, WHO IS DUE FOR DISCHARGE, or who may have died, INCLUDING WITHHOLDING DOCUMENTS PERTINENT TO THE EXAMINATION, DIAGNOSIS, MEDICATION, CARE AND HOSPITALIZATION OF THE PATIENT, for reasons of nonpayment in part or in full, of hospital bills or medical expenses."
Sec. 2. Section 2 of Republic Act No. 9439 is hereby amended to read as
follows: "SEC. 2. Patients who have fully or partially recovered and who already wish to leave the hospital, [or] medical clinic OR ANY OTHER SIMILAR FACILITY but are financially incapable to settle, in part or in full, their hospitalization expenses, including professional fees and medicines, shall be allowed to leave the hospital or medical clinic, with a right to demand the issuance of the corresponding medical certificate and other pertinent papers required for the release of the patient from the hospital or medical clinic upon the execution of a promissory note covering the unpaid obligation. The promissory note shall be secured by either a mortgage or by a guarantee of a co- maker, who will be jointly and severally liable with the patient for the unpaid obligation. IF THE PATIENT IS AN ACTIVE MEMBER OF EITHER THE SOCIAL SECURITY SYSTEM (SSS), GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS), OR THE PHILIPPINE HEALTH INSURANCE CORPORATION (PHILHEALTH), A GUARANTEE LETTER FROM ANY OF THESE AGENCIES MAY BE PRESENTED WITH THE PROMISSORY NOTE IN LIEU OF A MORTGAGE OR GUARANTEE BY A CO- MAKER. IF THE PATIENT IS AN INDIGENT, A GUARANTEE LETTER FROM THE DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD) MAY BE SUBMITTED. In the case of a deceased patient, the corresponding death certificate and other documents required for interment and other purposes shall be released WITHIN FORTY-EIGHT (48) HOURS FROM THE DEMAND OF THE DOCUMENTS to any of his surviving
relatives requesting for the same: PROVIDED, HOWEVER, THAT IN THE EVENT THE DOCUMENTS WILL BE NEEDED FOR PURPOSES OF CLAIMING SOCIAL SECURITY BENEFITS, INSURANCE POLICIES, PRE- NEED PLANS OR SETTLEMENT OF ESTATE, THE HOSPITAL MAY REQUIRE THE EXECUTION OF AN ASSIGNMENT OF PROCEEDS UP TO THE EXTENT OF THE HOSPITAL BILLS OR MEDICAL EXPENSES/HOSPITALIZATION EXPENSES: Provided, [however,] FINALLY, That patients who stayed in private rooms shall not be covered by this Act, UNLESS THE SAID PATIENT, NOTWITHSTANDING ONE'S EXPRESSED DESIRE TO BE ADMITTED TO A NON-PRIVATE ROOM, WAS ADMITTED TO A PRIVATE ROOM FOR THE FOLLOWING REASONS: "(A) NO NON-PRIVATE ROOM IN THE HOSPITAL, MEDICAL CLINIC OR ANY OTHER SIMILAR FACILITY WAS AVAILABLE AND THE PATIENT WAS COMPELLED TO BE ADMITTED THERETO DUE TO THE URGENCY OF THE CASE; "(B) THE PHYSICIAN OR OTHER MEDICAL PROFESSIONALS OF THE HOSPITAL, MEDICAL CLINIC OR ANY OTHER SIMILAR FACILITY DEEMED IT TO BE IN THE BEST INTEREST OF THE PATIENT TO BE ADMITTED TO A PRIVATE ROOM FOR PURPOSES OF INTENSIVE CARE, ISOLATION, QUARANTINE, OR OTHER COMPELLING CIRCUMSTANCES."
Sec. 3. Section 3 of Republic Act No. 9439 is hereby amended to read as
follows: "SEC. 3. Any officer or employee of the hospital, [or] medical clinic, OR ANY OTHER SIMILAR FACILITY responsible for releasing patients, who violates the
provisions of this Act shall be punished by a fine of not less than [Twenty thousand pesos (P20,000.00), but not more than Fifty thousand pesos (P50,000.00),] FIFTY THOUSAND PESOS (P50,000.00) BUT NOT MORE THAN TWO HUNDRED THOUSAND PESOS (P200,000.00) or imprisonment of not less than [one month, but not more than six months,] SIX (6) MONTHS AND ONE (1) DAY TO THREE (3) YEARS, or both such fine and imprisonment, at the discretion of the proper court: PROVIDED, THAT THE MAXIMUM PENALTY SHALL BE IMPOSED TO EMPLOYEES AND OFFICERS OF GOVERNMENT HOSPITALS AND PUBLIC MEDICAL INSTITUTIONS: PROVIDED, HOWEVER, THAT IF SUCH VIOLATION WAS COMMITTED PURSUANT TO A CONTINUING POLICY OF THE HOSPITAL, MEDICAL CLINIC OR ANY OTHER SIMILAR FACILITY OR UPON THE INSTRUCTION OF ITS MANAGEMENT, THE DIRECTOR OR OFFICER/S OF SUCH HOSPITAL, CLINIC OR FACILITY RESPONSIBLE FOR THE FORMULATION AND IMPLEMENTATION OF SUCH POLICY SHALL SUFFER THE IMPRISONMENT OF NOT LESS THAN THREE (3) YEARS UP TO SIX (6) YEARS, OR A FINE OF NOT LESS THAN FIVE HUNDRED THOUSAND PESOS (P500,000.00) BUT NOT MORE THAN TWO MILLION PESOS (P2,000,000.00), OR BOTH AT THE DISCRETION OF THE COURT.
Sec. 4. Separability Clause. - If for any reason, any provision of this Act is
declared unconstitutional or invalid, such parts not affected thereby shall remain in full force and effect.
Sec. 5. Repealing Clause. - All laws, decrees, executive orders, rules and
regulations and other issuances or parts thereof which are inconsistent with this Act are hereby repealed, amended or modified accordingly.
Sec. 6. Effectivity. - This Act shall take effect fifteen (15) days after its
2 publication in the Official Gazette or in any two (2) newspapers of general 3 circulation. Approved,