Patients and their families may soon have stronger protection against being held in hospitals over unpaid medical bills after the Senate approved a measure seeking to strengthen the existing law against hospital detention.
The Senate approved Senate Bill No. 1511 on third and final reading Monday, Aug. 17.
The bill seeks to amend Republic Act No. 9439, which prohibits hospitals and medical clinics from detaining patients because of unpaid bills. It would expand the coverage to other similar facilities and include unpaid professional fees.
“The answer to unpaid medical debt cannot be to hold a patient, a newborn child, a family member, or the remains of a loved one against their will,” said Senator Risa Hontiveros, principal author and sponsor of the bill.
“Debts can be paid, but the dignity and freedom of Filipinos should not be used as collateral,” she added.
Under the proposed law, hospitals and similar facilities would also be prohibited from holding the relatives, representatives or carers of patients, as well as newborn babies of maternity patients, to prevent the patient from leaving.
Patients who have recovered or partially recovered but cannot afford to settle their hospital expenses, including professional fees and medicines, would have to be allowed to leave.
They may also demand their medical certificate, discharge summary, prescriptions and other documents needed for their release after signing a promissory note for the unpaid bill.
“The bill is not saying hospitals cannot collect. It is saying patients cannot be held hostage because they cannot pay,” Hontiveros said.
Unpaid bills may still be secured through a mortgage, a co-maker’s guarantee, assignment of SSS or GSIS loan proceeds or benefits, and guarantee letters from the Philippine Charity Sweepstakes Office, Department of Social Welfare and Development or Department of Health for qualified indigent patients.
Indigent senior citizens endorsed by a hospital’s medical social services office to the DSWD would not be required to sign a promissory note.
The measure also provides for the immediate release of the remains of deceased patients to their relatives, as well as the issuance of death certificates and other documents needed for burial, benefit claims or legal proceedings, even if the hospital bill remains unpaid.
Violating the law could result in imprisonment or fines. An offending hospital or clinic employee may face six months and one day to two years and four months in prison, a fine of P100,000 to P300,000, or both.
If the violation was committed under an established hospital policy or management order, the responsible officer could face four to six years in prison or a P500,000 to P1-million fine, or both.
Three repeated violations under such a policy could lead to the revocation of the facility’s license to operate.IMT
