Senate President Pro Tempore Jinggoy Ejercito Estrada wants to give more teeth to the anti-hospital arrest law to avoid the “detention” of patients–dead or alive–over unpaid hospital bills.
Despite the existence of the law for 17 years now, Estrada noted that this illegal practice still persists.
He filed Senate Bill No. 2724 to amend RA 9439, or “An Act Prohibiting the Detention of Patients in Hospitals and Medical Clinics on Grounds of Nonpayment of Hospital Bills or Medical Expenses,” Estrada proposed to prescribe stiffer penalties against violators.
From the current P20,000 to P50,000 fine, the Senate leader proposed a P200,000 fine, imprisonment of up to three years, or both for hospital officers or employees who fail to comply with the law.
Directors or managers of medical facilities could face a six-year jail term and a maximum fine of P2 million for implementing policies of hospital detention.
To strengthen the law, Estrada called for the inclusion of those due for discharge from being barred from leaving the hospital due to unsettled bills.
Estrada also inserted a provision on the illegality of withholding documents pertinent to the examination, diagnosis, medication, care, and hospitalization of the patient.
He further stated that death certificates and other documents required for burial and other purposes must be issued within 48 hours.
If the patient is an active member of either the Social Security System (SSS), Government Service Insurance System (GSIS), or the PhilHealth, Estrada said ta guarantee letter from any of these agencies may be presented along with a promissory note as an alternative to a mortgage or guarantee by a co-maker.
He added that if the patient is indigent, a guarantee letter from the Department of Social Welfare and Development (DSWD) may be submitted.
Estrada proposed amending the policy to include patients admitted to private rooms due to unavailability of non-private rooms, urgency of the case, or if deemed necessary by hospital medical professionals for intensive care, isolation, quarantine, or other compelling circumstances.
