TSDEC 2015 oy
CPA

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

SIXTEENTH (16") CONGRESS
Third Regular Session

1
HOUSE BILL NO. 6341

Introduced by REP. JOSE CHRISTOPHER Y. BELMONTE,

EXPLANATORY NOTE

Article XIII, Section 11 of the 1987 Philippine Constitution provides for
the Filipino people 2 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.”

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 clinics 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. The
law likewise defined certain terms related to emergency healthcare, and
stated penalties should violations were committed.

Despite these measures, there are still cases where patients in
emergency or serious cases suffer severe loss of blood or, worst, 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 without the medical practitioners and
owners of such establishments thinking about the patient's capacity to pay for
such services.

This bill seeks to introduce a more reliable and efficient emergency
healthcare program by including the use of barangay emergency vehicles for
transferring patients to different hospitals, expanding of the scope and
definition of ‘emergency’, and allowing participant healthcare providers
benefits for expenses incurred in providing service.

Preservation of human life should remain among the top priorities of
the government, as each life saved is another person who will contribute to
the betterment of our country.

1 would not have filed this bill if not for the brilliant idea of one of our
constituents in District 6, Quezon City. I would like to thank Mr. Jeffrey

Hermoso for his inputs on this matter.

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

. )oiiebonh


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

SIXTEENTH (16") CONGRESS
Third Regular Session

6341
HOUSE BILL NO.

Introduced by REP. JOSE CHRISTOPHER Y. BELMONTE

AN ACT STRENGTHENING THE PROVISION OF EMERGENCY
HEALTH CARE SERVICE TO 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 CASES”

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 Pambansa Bilang 702, as amended, is
hereby amended to read as follows:

“Section 1. In emergency or serious cases, it shali 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 OTHERWISE REQUIRE


PAYMENT FOR BASIC EMERGENCY CARE SERVICE 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 stabilize 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:

“Sec. 2. For purposes of this Act, the following definitions shall govern:

““(a) ‘Emergency’ - 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 immediate danger and where 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, AND THE MEDICAL FACILITY
SHALL PERFORM THE NECESSARY MEASURES AND/OR
TREATMENT TO ENSURE THAT THE LABOR GOES WELL INTO
THE SEPARATION OF BABY AND PLACENTA.

“@) ‘BASIC EMERGENCY CARE’ - RESPONSE TO A
SITUATION WHERE THERE IS URGENTLY REQUIRED MEDICAL
CARE AND ATTENTION, AND SHALL INCLUDE PROCEDURES
REQUIRED FOR INITIAL DIAGNOSIS, USE OF EQUIPMENT AND
SUPPLIES IN ADDRESSING THE EMERGENCY. SITUATION, AND
OTHER FEES INCURRED AT THE TIME OF BASIC EMERGENCY
RESPONSE.”


Sec. 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 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.”

Sc. 4. 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 REVENUE shall promulgate the necessary rules and regulation to
carry out the provisions of this Act.”

Sec. 5. Alll 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, y ,