Senate approves stronger bill against detention of patients due to unpaid hospital bills

The Senate has approved on third and final reading a bill seeking to strengthen the protection of patients and their caretakers from being detained in hospitals and other similar facilities due to unpaid bills or medical expenses.

Under Senate Bill No. 1511, patients who have fully or partially recovered but are financially incapable of settling their hospitalization expenses, including professional fees and medicines, shall be allowed to leave the hospital or medical clinic.

It also bars hospitals and similar facilities from detaining relatives, representatives, or carers of patients, as well as newborn children in cases involving maternity patients, in exchange for allowing the patient to leave the facility.

The bill likewise grants patients the right to demand the immediate issuance of their medical certificate, discharge summary, prescriptions, and other documents needed for their release upon execution of a promissory note covering the unpaid obligation.

The promissory note can be secured by any or a combination of the following:

• A mortgage over real or personal property, except those properties primarily used for livelihood, of the patient, a relative, or a co-maker, without need of public auction;
• A contract of guaranty whose maker shall be jointly and severally liable with the patient for the unpaid obligation;
• A deed of assignment of the loan proceeds or benefits entitlement from the Social Security System (SSS) or the Government Service Insurance System (GSIS), in case the patient is an active member thereof;
• A guarantee letter from the Philippine Charity Sweepstakes Office (PCSO); and
• In the case of financially-incapacitated patients, a guarantee letter from the Department of Social Welfare and Development (DSWD) or Department of Health (DOH).

Indigent patients endorsed by the hospital, medical clinic, or any other similar facility to the DSWD or DOH need not submit a promissory note.

Deceased patients

In cases involving deceased patients, the bill seeks the immediate release of cadavers to surviving relatives and the prompt issuance of death certificate and other documents required for interment, benefit claims, or legal proceedings.

Senator Risa Hontiveros, principal author and sponsor of the measure, emphasized that hospital sustainability and patient rights are not opposing choices.

“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 Hontiveros, who also chairs the Senate Committee on Health and Demography.

“Debts can be paid, but the dignity and freedom of Filipinos should not be used as collateral,” she added.

Violations

Any officer or employee of the hospital, medical clinic, or any other similar facility resposible for the violation of the measure may face imprisonment of six months to two years, and/or pay a fine ranging from P100,000 to P300,000.

If the violation was committed pursuant to an established hospital or clinic policy or upon the instruction of management, the responsible director or officer may face imprisonment of four to six years, or a fine of P500,000 to P1 million, or both.

Three repeated violations under such policy or instruction, may result in the revocation of the health facility’s license to operate by the DOH.

Senate Bill No. 1511 seeks to amend Republic Act No. 9439 or the law prohibiting the detention of patients in hospitals and medical clinics on grounds of nonpayment of hospital bills or medical expenses. —VAL, GMA News