EIGHTEENTH CONGRESS OF THE ) *1 ?

>r*
Lr.-
REPUBLIC OF THE PHILIPPINES ) of li).
F irst R egular Session )
SENATE '19 JUL -2 A11 55

S. No
166
REC£:'.i n L'-

INTRODUCED BY SENATOR RISA HONTIVEROS

AN ACT
IN C R E A S IN G THE P E N A LTIE S FOR THE D E TE N TIO N OF P A TIE N TS AND
CADAVERS IN H O S P IT A LS , M E D IC A L C L IN IC S , OR A N Y OTHER S IM IL A R
F A C IL IT IE S ON GR O U N DS OF NONPAYMENT OF H O S P IT A L B IL L S OR
M E D IC A L EXPENSES A M E N D IN G FOR THE PURPOSE R E P U B LIC ACT 9 4 3 9
E N TIT LE D "A N ACT P R O H IB IT IN G THE D E TE N TIO N OF P A TIE N T S IN
H O S P ITA LS A N D M E D IC A L C L IN IC S ON G R O U N DS OF N O N P A Y M E N T OF
H O S P IT A L B IL L S OR M E D IC A L EXPENSES

EXPLANATO RY NOTE

The protection against any means to vitiate a person's free will and any form o f

detention is a righ t guaranteed under the Philippine Constitution. Moreover, it is a

widely accepted te n e t in health care th a t the patient has a righ t to make decisions

regarding medical care, including the right to accept or refuse treatm ent.

Republic Act. 9439 entitled "An Act Prohibiting the Detention o f Patients in

Hospitals and Medical Clinics on Grounds o f Nonpayment o f Hospital Bills or Medical

Expenses" was enacted in 2007 to curtail the unscrupulous practice o f refusing the

discharge o f patients, effectively detaining them prim arily fo r th e ir inability to fully or

partially pay fo r th e ir medical expenses. The law also prohibits the undesirable practice

o f refusing to release the body o f a deceased patient w ith unpaid bills to th e ir families.

However, 12 years on, the practice has persisted. There are still reports o f

patients who are not discharged or are not able to get pertinent docum ents regarding

th e ir admission if they are unable to settle th e ir hospital bills. There are still stories o f

families not being able to get the bodies o f their deceased loved ones, causing

additional burden to those already in mourning. Often, it is poor Filipino families who

are being victim ized by this practice.

 In the advent o f the Universal Health Care in the country, there is no more place

fo r the practice o f detaining patients in hospital on account o f non-paym ent o f hospital

bills.

This measure seeks to strengthen Republic Act 9439 prim arily by increasing

penalties against institutions continuing this practice. I t also expands the coverage o f

the law to include patients adm itted in private rooms. Furtherm ore, it offers additional

mechanisms fo r the patients to guarantee th e ir obligations to health providers. Lastly,

this measure seeks to establish an Anti-Hospital Detention Fund to partly cover unpaid

promissory notes issued by poor and indigent patients.

In view o f the foregoing, the passage o f this bill is earnestly sought.

RISA HONTIVEROS 0
Senator
 EIGHTEENTH CONGRESS OF THE
R EPU B LIC OF THE P H IL IP P IN E S
F ir s t R e g u la r S e s s io n iflflitp ot ll

SENATE
'19 jijL -2 ,T.l 55
S. No. 166
RECEIV.l'I!

INTRODUCED BY SENATOR RISA HONTIVEROS

AN ACT
IN C R E A S IN G THE P E N A LTIE S FOR THE D E TE N TIO N OF P A TIE N TS AN D
CADAVERS IN H O S P IT A LS , M E D IC A L C L IN IC S , OR ANY OTHER S IM IL A R
F A C IL IT IE S ON GR O U N DS OF NONPAYMENT OF H O S P IT A L B IL L S OR
M E D IC A L EXPENSES A M E N D IN G FOR THE PURPOSE R E P U B LIC ACT 9 4 3 9
E N TIT LE D "A N ACT P R O H IB IT IN G THE D E TE N TIO N OF P A TIE N T S IN
H O S P IT A LS A N D M E D IC A L C L IN IC S ON GR O U N DS OF N O N P A Y M E N T OF
H O S P IT A L B IL L S OR M E D IC A L EXPENSES

Be i t enacted b y the Senate a n d House o f Representatives o f the Philippines in

Congress assembled'.

1 Section 1. Section 1 o f Republic Act 9439 is hereby amended to read as follows:

2 "SECTION 1. It shall be unlawful fo r any hospital or medical clinic, OR ANY

3 OTHER SIMILAR FACILITY in the country to detain or to otherwise cause,

4 directly or indirectly, the detention o f patients who have fully or partially

5 recovered or have been adequately attended to or who may have died, fo r

6 reasons o f non-paym ent in part or in full o f hospital bills, medical expenses."

7 Sec. 2. Section 1 o f Republic Act 9439 is hereby amended to read as follows:

8 "SECTION 2. Patients who have fully or partially recovered and who already

9 wish to leave the hospital or medical clinic but are financially incapable to

10 settle, in part or in full, th e ir hospitalization expenses, including professional

11 fees and medicines, shall be allowed to leave the hospital or medical clinic,

12 w ith a righ t to demand the issuance o f the corresponding medical certificate

13 and other pertinent papers required fo r the release o f the patient from the

14 hospital or medical clinic upon the execution o f a promissory note covering

15 the unpaid obligation. The promissory note shall be secured by either a

16 m ortgage or by a guarantee o f a co-maker, who will be jo in tly and severally

17 liable w ith the patient fo r the unpaid obligation. IF TH E P A T IE N T IS AN

 1 A C TIV E M EM BER OF E ITH E R THE S O C IA L S E C U R ITY SYSTEM (S S S ),

2 G O VERN M EN T SERVICE IN S U R A N C E SYSTEM (G S IS ), OR THE

3 P H IL IP P IN E HEALTH IN S U R A N C E C O R P O R A TIO N (P H IL H E A L T H ), A

4 G UARANTEE LETTER FROM ANY OF THESE AG EN C IES MAY BE

5 PRESENTED W IT H THE P R O M IS S O R Y NOTE IN LIE U OF A

6 M ORTGAGE OR GUARANTEE BY A C O -M A K E R . IF THE P A T IE N T IS

7 AN IN D IG E N T , A GUARANTEE LETTER FROM THE D EPAR TM ENT OF

8 S O C IA L W ELFARE A N D DEVELOPM ENT (D S W D ) SH ALL SUFFICE.

9 In the case o f a deceased patient, the CADAVER SH ALL BE RELEASED BY

10 THE H O S P IT A L, M E D IC A L C L IN IC OR ANY OTHER S IM IL A R

11 F A C IL IT Y TO THE R ELA TIV E S A N D THE C O R R E S P O N D IN G DEATH

12 C E R T IFIC A T E AND OTHER DO CUM ENTS R E Q U IR E D FOR

13 IN T E R M E N T , C L A IM S FOR S O C IA L SEC U R ITY , OR THE IN S T IT U T IO N

14 OF C R IM IN A L PR O C EED IN G S SH ALL BE PR O M PTLY ISS U ED .

15 P R O V ID E D , HOW EVER, TH A T FOR PURPOSES SUCH AS P R IVATE

16 IN S U R A N C E OR SETTLEM ENT OF ESTATE, SECURED PR O M IS S O R Y

17 NOTE OR DEED OF A S S IG N M E N T OF PROCEEDS S H A LL BE

18 R E Q U IR E D BEFORE THE ISSU AN C E OF THE A P P R O P R IA TE

19 C E R T IFIC A T E A N D DO CUM ENTS FOR SUCH PURPOSES, P R O V ID E D

20 FURTHER, TH A T A GUARANTEE LETTER FROM E ITH E R THE SSS,

21 G S IS , OR P H ILH E A LT H IF THE DECEASED W A S A M EM BER OF THE

22 S A ID AG E N C IE S , OR THE DSW D IF THE DECEASED W AS AN

23 IN D IG E N T M AY TAKE THE PLACE OF THE P R O M IS S O R Y NOTE, [the

24 corresponding death ce rtif icate and other documents re q iHfed -f ef"-interm ent

25 and other purposes shall be released to any o f his surviv ing- relatives

26 requesting fo r the some:— Provided, however, That patients w ho stayed in

27 private rooms shafi not be covered by th is A ct.]

28 Sec. 3. Section 3 o f R.A. 9349, entitled "An Act Prohibiting the Detention o f

29 Patients in Hospitals and Medical Clinics on Grounds o f Nonpaym ent o f Hospital Bills or

30 Medical Expenses" is hereby amended to read:

31 "SECTION 3. Any officer or employee o f the hospital or medical clinic

32 responsible fo r releasing patients, who violates the provisions o f this Act shall

33 [ be punished by-a-hne o f not less than Tw enty thousand pesos (P20,000.00),

34 b u t n e t-fn o fe--than Fifty thousand pcsos - CPSOtOOO.QO), or im prisonm ent o f

35 not less than one m onth, but not m ore than six months, or both such f ine

36 and— im prisonment,— at— the— d iscret ion— o f the— proper— co u rt.] UPON
 1 C O N V IC T IO N BY F IN A L JU D G M E N T, BE P U N IS H E D BY

2 IM P R IS O N M E N T OF NOT LESS TH A N S IX ( 6 ) M O N TH S A N D ONE ( 1 )

3 DAY BUT NOT MORE TH A N TW O ( 2 ) YEARS A N D FOUR ( 4 ) M O N TH S,

4 OR A FIN E OF NOT LESS TH A N ONE H U N D R E D TH O U S A N D PESOS

5 (P 1 0 0 ,0 0 0 .0 0 ) , BUT NOT MORE TH A N THREE H U N D R E D TH O U S AN D

6 PESOS (P 3 0 0 ,0 0 0 .0 0 ) OR BOTH, AT THE D IS C R E T IO N OF THE

7 COURT: PROVIDED, HOWEVER, T H A T IF SUCH V IO L A T IO N W AS

8 C O M M IT T E D PU RSU AN T TO AN E S TA B LIS H E D P O LIC Y OF THE

9 H O S P IT A L OR C L IN IC OR UPON IN S T R U C T IO N OF IT S

10 M AN AG EM EN T, THE D IR E C TO R OR O FFIC ER OF SUCH H O S P IT A L OR

11 C L IN IC R ESPO N SIBLE FOR THE FO R M U LA T IO N AND

12 IM P L E M E N T A T IO N OF SUCH P O LIC Y S H A LL, UPON C O N V IC T IO N BY

13 F IN A L JU D G M E N T, SUFFER IM P R IS O N M E N T OF FOUR ( 4 ) TO S IX

14 (6 ) YEARS, OR A FIN E OF NOT LESS TH A N FIV E H UN D R ED

15 THOUSAND PESOS (P 5 0 0 ,0 0 0 .0 0 ), BUT NOT MORE TH A N ONE

16 M IL L IO N PESOS (P 1 ,0 0 0 ,0 0 0 .0 0 ) OR BOTH, AT THE D IS C R E T IO N OF

17 THE COURT. FURTHER, UPON THREE REPEATED V IO LA TIO N S

18 C O M M IT T E D PU R SU AN T TO AN E S TA B LIS H E D P O LIC Y OF THE

19 H O S P IT A L OR C L IN IC OR UPON THE IN S T R U C T IO N OF IT S

20 M A N AG EM EN T, THE HEALTH F A C IL IT Y 'S LICENSE TO OPERATE

21 S H ALL BE REVOKED BY THE D EPAR TM ENT OF HEALTH (D O H )."

22 Sec. 4. A nti-H ospital D etention Assistance Fund. - There is hereby created an

23 Anti-Hospital Detention Assistance Fund am ounting to One Hundred Million (P

24 100,000,000.00) to be managed by the DOH. This fund shall be used to partly cover

25 unpaid promissory notes issued by poor and indigent patients.

26 The am ount necessary fo r the initial im plem entation o f this Act shall be charged against

27 the current appropriations o f the DOH who shall set up an Anti-Hospital Detention

28 Assistance Fund fo r patients. Thereafter, the funds necessary to carry o u t the

29 provisions o f this Act shall be sourced from the Philippine Charity Sweepstakes Office.

30 Sec. 5. Im p le m e n tin g Rules a n d Regulations. — The Departm ent o f Health, jo in tly

31 w ith the Departm ent o f Social W elfare and Development, the Governm ent Service

32 Insurance System, Social Security System, Philippine Charity Sweepstakes Office, and

33 the Philippine Health Insurance Corporation shall, w ithin six (6) m onths from the

34 effectivity o f this Act, prom ulgate the rules and regulations necessary fo r the proper

35 im plem entation o f this Act.

1 Sec. 6. S eparability Clause. - If any provision o f this Act is declared
2 unconstitutional or invalid, other provisions not otherwise affected shall remain in full
3 force and effect.

4 Sec. 7. Repealing Clause. — All laws, decrees, orders, rules and regulations or
5 parts th e re of which are inconsistent w ith this Act are hereby repealed or amended
6 accordingly.

7 Sec. 8. E ffectivity Clause. - This Act shall take effect upon its publication in the
8 Official Gazette or in a newspaper o f general circulation.

Approved,