| QUSEOF REPRESENTATIVES
RECENCO ’
3 0 JUN 2016

Republic of the Philippines |
HOUSE OF REPRESENTATIVES 122

Quezon City

SEVENTEENTH (17) CONGRESS

First Regular Session REGISTRATION UNIT

BILLS AND INDEX SERVICE
HOUSE BILL No._447

Introduced by REP. JOSE CHRISTOPHER Y. BELMONTE

EXPLANATORY NOTE

The bill entitled, “An Act Strengthening the Provision of Emergency Health Care
Service 10 Patients, Further Amending for the Purpose Batas Pambansa Bilang 702, as
Amended, Otherwise Known as ‘An Act Prohibiting the Demand of Deposits or Advance
Payments for the Confinement or Treatment of Patients in Hospitals and Medical Clinics in
Certain Areas’, was originally filed as House Bill No. 6341 in the 16th Congress by this,
representation. ‘The bill seeks to make emergency health care more reliable and efficient.

Article XII, Section 11 of the 1987 Philippine Constitution provides for the Filipino
people a national health policy: “The State shall adopt an integrated and comprehensive
approach to health development, which shall endeavor to make essential goods, health and
other social services available to all the people at affordable cost.” An efficient emergency
healthcare service should be part of this national health policy.

On 05 April 1984, Batas Pambansa Bilang 702 was crafted to address this matter, BP
702 was a landmark legislative measure that aimed to stop the practice of asking for deposits
or advance payments for treatment or confinement of patients in emergency or serious cases.

On 25 August 1997, BP 702 was amended by Republic Act No. 8344, or “an Act
penalizing the refusal of hospitals and medical clinies to administer appropriate initial
medical treatment and support in emergency or serious cases, amending for the purpose
Batas Pambansa Bilang 702.” RA 8344 outlined the procedure on what a medical facility
should do in cases of emergency and their lack of capacity to respond to such medical
situation, The law likewise defined certain terms related to emergency healthcare, and
provided penalties for violations.

Despite these measures, there are cases where patients in emergency or serious cases
suffer severe loss of blood,,or worse, die while being transported to more distant medical
facilities. Said situations can be remedied if there are nearby private medical facilities that can
provide adequate emergency healthcare service at no cost to the patient.

Preservation of human lives should remain among the top priorities of any
government. Right to efficient emergency health care to save one’s life should never be
denied or made unavailable mainly due to lack of sufficient funds

In view of the foregoing, immediate approval of this bill is earnestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City, Metro Manila

SIXTEENTH (17") CONGRESS,
First Regular §

HOUSE BILL NO.

Introduced by REP. JOSE CHRISTOPHER Y. BELMONTE

AN AC
RNS NS ne PROVISION OF EMERGENCY HEALTH CARE
AMENDING FOR THE PURPOSE

BATAS PAMB: AMENDED, OTHERWISE KNOWN
AS “AN ACT PROHIBITING THE DEMAND OF DEPOSITS OR ADVANCE
PAYMENTS FOR THE CONFINEMENT OR TREATMENT OF PATIENTS

IN HOSPITALS AND MEDICAL CLINICS IN CERTAIN CASE

Be it enacted by the Senate and the House of Representatives of the Republic of the
Philippines in Congress assembled.

SECTION 1, Section 1 of Batas Pamban:
amended to read as follows:

Bilang 702, as amended, is hereby

ion 1. In’ emergency or serious cases, it shall be unlawful for any
proprietor, president, director, manager or any other officer, and/or medical
practitioner employee of a hospital or medical clinic to request, solicit, demand or
accept any deposit or any other form of advance payment as a prerequisite for
confinement or medical treatment of a patient, INCLUDING FOREIGNERS, in such
hospital or medical clinic or to refuse to administer medical treatment and support as
dictated by good practice of medicine to prevent death or permanent disability; OR
RWISE REQUIRE PAYMENT FOR BASIC EMERGENCY CARE
VICE TO ANY PATIENT: Provided, That by reason of inadequacy of the
medical capabilities of hospital or medical clinic, the attending physician may transfer
the patient to a facility where the appropriate care can be given, after the patient or his
next of kin consents to said transfer and after the receiving hospital or medical clinic
agrees to the transfer: Provided, however, That when the patient is unconscious,
incapable of giving consent and/or unaccompanied, the physician can transfer the
patient even without his consent: Provided, further, That such transfer shall be done



only after necessary emergency treatment and support have been administered to
tabilize the patient and after it has been established that such transfer entails less
risks than the patient’s continued confinement: Provided furthermore, That no
hospital or clinic, after being informed of the medical indications of such transfer,
shall refuse to receive the patient or demand from the patient or his next of kin any
deposit or advance payment: Provided, finally, That strict compliance with the
foregoing procedure shall not be construed as a refusal made punishable by this Act

Sec. 2, Section 2 of Batas Pambansa Bilang 702, as amended, is hereby
amended as follows:

>, 2, For purposes of this Act, the following definitions shall govern

merge! a condition or state of a patient wherein based on
the objective findings of a prudent medical officer on duty for the day there is
delay in initial support and treatment may cause
loss of life or cause permanent disability to the patient; PROVIDED, THAT
THE CASE OF A WOMAN IN ACTIVE LABOR, WHO IS ALREADY IN
CROWNING STAGE SHALL BE CONSIDERED AS AN EMERGENCY,
FORM THE NECESSARY
REATMENT TO ENSURE THAT THE LABOR
SEPARATION OF BABY AND PLACENTA

MEASURES AND/OR
GOES WELL INTO THE

XXX

“() ‘BASIC EMERGENCY CARE? RESPONSE TO A
SITUATION WHERE THERE IS URGENTLY REQUIRED ME!
CARE AND ATTENTION, AND SHALL INCLUDE PROCEDURES
REQUIRED FOR INITIAL DIAGNOSE OF EQUIPMENT AND
SUPPLIES IN ADDRESSING THE EMERGENCY SITUATION, AND
ES INCURRED AT THE TIME OF BASIC E

U

3. Section 3 of Batas Pambansa Bilang 702, as amended, is hereby
amended as follows:

"Sec. 3. After the hospital or medical clinic mentioned above shall have
administered medical treatment and support, it may cause the transfer of the patient to
an appropriate hospital consistent with the needs of the patient, preferably to a
government hospital, specially in the case of poor or indigent patients.

“A, WHERE THERE IS NO AMBULANCE AVAILABLE FOR USE
BY THE HOSPITAL OR MEDICAL CLINIC FOR THE EMERGENCY
TRANSFER OF THE PATIENT TO A FACILITY WHERE THE
APPROPRIATE CARE CAN BE GIVEN, THE BARANGAY WHERE THE
SAID HOSPITAL OR MEDICAL CLINIC IS LOCATED SHALL ALLOW
THE FREE USE OF ITS EMERGENCY VEHICLE TO TRANSPORT THE
PATIENT TO THE HOSPITAL OR MEDICAL CLINIC WHERE A
CONTINUATION OF CARE SHALL BE GIVEN; PROVIDED THAT THE
HOSPITAL OR MEDICAL CLINIC SHALL PROVIDE A STAFF NURSE



REVENUE
provisions of this Act.”

WITH ADVANCE CARDIO LIFE SUPPORT (ACLS) CERTIFICATION,
OR ITS EQUIVALENT, IF AVAILABLE, TO ACCOMPANY THE
PATIENT IN THE SAID VEHICLE.

“B. THE COST OF THE BASIC EMERGENCY CARE TO BE
GIVEN BY A HOSPITAL OR MEDICAL CLINIC TO POOR AND
INDIGENT PATIENTS SHALL BE TAX DEDUCTIBLE IN FAVOR OF
THE SAID HOSPITAL OR MEDICAL CLINIC.”

SEC

Section 5 of Batas Pambansa Bilang 702, as amended, is hereby

amended as follows:

“Sec. 5. The Department of Health AND THE BUREAU OF INTERNAL
ill promulgate the necessary rules and regulation to cary out the

Src. 5. All statutes, provisions, or regulations not consistent with the

provisions herein are hereby repealed or modified.

Sec. 6. This Act shall take effect fifteen (15) days after its publication in two

(2) national newspapers of general circulation.

Approved,