Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 1623

Introduced by Rep. LAWRENCE LEMUEL H. FORTUN

EXPLANATORY NOTE

This bill seeks to repeal Republic Act No. 9439, otherwise known as “An Act Prohibiting the
Detention of Patients in Hospitals and Medical Clinics on Grounds of Non-Payment of Hospital
Bills or Medical Bills.”

R.A. 9439 sought to prohibit the detention in hospitals and medical clinics of patients, cadavers
and medical records and other related documents due to the inability of patients or the families of
deceased patients to settle their hospital bills and other charges. While the law has noble intent
and may have been helpful to the less-privileged, it suffers from significant inadequacies, and has
thus failed to address certain situations patients or their families are thrust into during emergency
cases.

The law provides that the prohibition against detention of patients or bodies of deceased patients
as well as medical records and related documents does not find application in cases where a patient
or deceased patient was admitted in a private room. This provision failed to anticipate situations
where a patient, due to the extreme urgency of immediate medical attention and despite full
knowledge of his or her financial limitations, is compelled to agree to be admitted to a private
room.

The law has also failed to anticipate situations where a deceased patient, although already
deceased, cannot be buried due to the refusal of the hospital or medical clinic to release medical
records and other documents necessary for the issuance of a death certificate, There have been
appalling experiences of burials being unduly delayed for lack of the necessary documents required
for interment, thereby adding injury to the already bereaved family of the deceased.

‘This bill seeks to address these injustices by strengthening the rights of patients and their families
against detention of patients, bodies of deceased patients and medical records by hospitals and
medical clinics for failure to settle hospital bills and other medical expenses by repealing for the
purpose R.A. 9439.

In view of the foregoing, the immediate passage of this measure is eamestly sought.

/

LAWREN‘ MUEL ORTUN
1* District, Algusar di re


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No, 1823

Introduced by Rep. LAWRENCE LEMUEL H. FORTUN

AN ACT

STRENGTHENING THE RIGHTS OF PATIENTS AGAINST HOSPITAL
DETENTION ON THE GROUND OF NONPAYMENT OF HOSPITAL BILLS AND
MEDICAL EXPENSES AND REPEALING FOR THE PURPOSE, REPUBLIC ACT NO.
9439, ENTITLED “AN ACT PROHIBITING THE DETENTION OF PATIENTS IN
HOSPITALS AND MEDICAL CLINICS ON GROUNDS OF NONPAYMENT OF
HOSPITAL BILLS OR MEDICAL EXPENSES”

Be it enacted by the Senate and House of Representatives of the Philippines, in Congress
assembled:

Section I. This Act shall be known as the “Patients’ Rights Against Hospital Detention
Act”.

Section 2. It shall be unlawful for any hospital or medical clinic to detain or otherwise
cause, directly or indirectly the detention of a patient who is due for discharge, or the body of a
deceased patient, or any document pertinent to the examination, diagnosis, medication, care and
hospitalization of a patient, for non-payment, in full or in part, of hospital bills and other medical
expenses.

Section 3. A patient who is already due for discharge and has expressed desire to leave the
hospital but is financially incapable of immediately settling, fully or partially, the hospital bills,
including professional fees and other medical expenses, shall be allowed discharge with a right to
demand the issuance of appropriate medical certificates and the release of other medical records
and/or documents examination, diagnosis, medication, care and hospitalization upon the execution
of a proper promissory note covering the unpaid obligations. The promissory note shall be secured
by a mortgage, or a guarantee by a guarantor who shall be liable for the unpaid obligations should
the principal fail to settle the same: Provided, however, that a patient admitted to a private room
shall not be covered by this Act, unless the said patient, notwithstanding his or her expressed desire
to be admitted to a non-private room, was admitted to a private room for the following reasons:

a. No non-private room in the hospital or medical clinic was available and the patient was
compelled to be admitted to a private room due to the urgency of his or her case;

ccian or other medical professionals of the hospital or medical clinic deemed

it to be in the best interest of the patient to be admitted to a private room for purposes

of intensive care, isolation, quarantine or other compelling circumstances;

Provided, further, that cases where a patient is admitted for the above-stated reasons, the
hospital or medical clinic shall issue to the patient a certification that the said admission to a private
room was due to any of the aforementioned reasons: Provided, further, that the failure or refusal
of the hospital or medical clinic to admit a patient to a private room despite the urgency of the
condition of the patient and the unavailability of a non-private room shall be considered a violation
of this Act: Provided, finally, that in the case of a deceased patient, the hospital or medical clinic


shall release the body and the corresponding death certificate and other documents required for
interment to the surviving spouse and/or other relatives requesting for the same upon the execution
of a promissory note secured by a mortgage or a guarantee regardless of the nature of the room to
which the patient was admitted for care, treatment or hospitalization. The death certificate and
other documents pertinent documents shall be released within three (3) working days from the
demand of the aforementioned documents.

Section 4. Any officer of employee of the hospital or medical clinic responsible for
releasing patients, who violates the provisions of this act shall be punished by a fine of not less
than One hundred thousand pesos (P100,000.00) but not more than Two hundred thousand
(P200,000.00), or imprisonment of not less than one (1) month, but not more than six (6) months
imprisonment or both at the discretion of the proper court.

Section 5. Within sixty (60) days from the effectivity of this Act, the Department of Health
shall promulgate the necessary rules and regulations to carry out the provisions of this Act.

Section 6. If any provision of this Act is declared null and void, the remaining provisions
hereof not affected thereby shall remain in full force and effect.

Section 7. All laws, decrees, orders, rules and regulations or part thereof inconsistent with
this Act are hereby repealed or amended accordingly.

Section 8. This Act shall take effect fifteen (15) days after its publication in two (2)
newspapers of general circulation.

Approved,