Hontiveros eyes stronger law vs. hospitals detaining patients for non-payment of bills

Senator Risa Hontiveros has filed a bill seeking prison terms and fines for officials and employees of hospitals and similar facilities that detain and hold patients as well as cadavers for non-payment of bills and medical expenses.

In her explanatory note, Hontiveros said the passage of Senate Bill No. 140 into law would strengthen Republic Act No. 9439 which was enacted in 2007.

“There are still reports of patients who are not discharged or are not able to get pertinent documents regarding their admission if they are unable to settle their hospital bills. There are still stories of families not being able to get the bodies of their deceased loved ones, causing additional burden to those already in mourning,” Hontiveros said.

“Often, it is poor Filipino families who are being victimized by this practice. With the advent of Universal Health Care in the country, there is no more place for the practice of detaining patients in hospitals on account of non-payment of hospital bills,” she added.

Under the S.B. No. 140, patients who have partially recovered and who wish to leave the hospital or clinic but are financially incapable to settle their hospitalization expenses are allowed to leave by executing a promissory note covering their unpaid obligation.

The promissory note will 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.

Hospitals and clinics are prohibited from withholding the issuance of medical certificate and other pertinent papers required for the release of the patient upon the execution of a promissory note.

Patients who are active members of Social Security System (SSS), Government Service Issuance System (GSIS), or the Philippine Health Insurance Corporation (PhilHealth) may secure a guarantee letter and may be presented with the promissory note in lieu of a mortgage or guarantee by a co-maker.

Indigent patients, meanwhile, may secure a guarantee letter from the Department of Social Welfare and Development (DSWD).

For a deceased patient, the cadaver must be released to the relatives and must issue a death certificate and other documents required for interment, claims for social security or institution of criminal proceedings.

Penalties

Hontiveros said that whoever violates S.B. No. 140 upon conviction by final judgment will have the following punishments:

·       employee of the hospital will be imprisoned for not less than six month and one day but not more than two years and for months or;

·       a fine of not less than P100,000 but not more than three P300,000 or both at the discretion of the court;

·       the director or officer of the hospital will be imprisoned for four to six years or;

·       a fine of not less than P500,000 but not more than P1 million or both at the discretion of the court and;

·       health's facilities license to operate will be revoked by the DOH upon repeated three violations

Anti-Hospital Detention Assistance Fund

The bill also seeks to create an Anti-Hospital Detention Assistance Fund amounting to P100,000,000 to be managed by the DOH to partly cover unpaid promissory notes issued by poor and indigent patients.

“The amount necessary for the initial implementation of this Act shall be charged against the current appropriations of the DOH who shall set up an Anti-Hospital Detention Assistance Funds for patients,” Hontiveros said.

“Thereafter, the funds necessary to carry out the provisions of this Act shall be sourced from the Medical Assistance for Indigent Patients Program Funds of the DOH,” she added.

The DOH, along with the DSWD, GSIS, SSS, PhilHealth and Philippine Charity Sweepstake Office, will promulgate the rules and regulations necessary for the proper implementation of S.B. No. 140 six months upon its effectivity. —NB, GMA News