Republic of the Philippines /
HOUSE OF REPRESENTATIVES

‘9,
2 .
Quezon City, Metro Manila 4 Dare 9 SEP 2016
I time
SEVENTEENTH CONGRESS ai —e,

First Regular Session

House Bill No. 3656

Introduced by Honorable CARMELO B, LAZATIN IL

EXPLANATORY NOTE

This bill seeks to prohibit the detention of deceased patients by morgues and other
funeral establishments due to unpaid funeral expenses, amending 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.”

Republic Act (RA) 9439 was passed to prevent and penalize the deplorable practice
by hospitals and medical institutions of refusing to discharge patients with unpaid medical
bills. This policy led patients to suffer more that they already do, as longer confinement
entails more expenses and psychological trauma for both the patient and their families.
Worse, said practice does not only happen in hospitals and medical institutions. Some
funeral parlors and morgues are into this practice as well, keeping cadavers to force relatives
of the deceased individual to cough up money for payment of funeral services.

Although RA 9439 provided the immediate and much needed relief to most of the
poor patients, it has been found wanting due to the fact that many of these patients are
ordinary employees or indigents who cannot afford to give a promissory note, which
according to the law, should be accompanied by mortgage or guarantee. As a solution, the
Government Service Insurance System, Social Security System, Philippine Health Insurance
Corporation and the Department of Social Welfare and Development are encouraged to come
up with special programs to help their members who cannot afford to pay medical or funeral
bills.

Also, the law does not cover memorial or funeral establishments and morgues where
deceased patients are endorsed after their discharge from hospitals. There are no penalties for
these memorial or funeral establishments and morgues that refuse to release the cadavers to
their respective families due to unpaid funeral related expenses. Hence, the law needs to be
amended to expand its scope to funeral parlors and other institutions that follow this
inhumane practice.



This measure is to ensure that rights of all individuals, living or otherwise, are
protected.

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

IELO. AZATIN IL



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

SEVENTEENTH CONGRESS
First Regular Session

3656

House Bill No.

Introduced by Honorable CARMELO B. LAZATIN IL

AN ACT
PROHIBITING THE DETENTION OF DECEASED PATIENTS OR CADAVERS
BY MORGUES AND OTHER FUNERAL ESTABLISHMENTS, AMENDING 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 in Congress assembled:
SECTION 1. Section | of Republic Act 9439 is hereby amended to read as follows:

“SECTION 1. It shall be unlawful for any hospital or
medical clinic, FUNERAL PARLOR AND MORGUE in the
country to detain or to otherwise cause, directly or indirectly, the
detention of patients who have fully or partially recovered or have
been adequately attended to or who may have died, for reasons of
nonpayment in part or in full of hospital bills, medical AND
FUNERAL expenses.””

SEC. 2. Section 2 of Republic Act 9439 is likewise amended to read as follows:

“SEC. 2. Patients who have fully or partially recovered
and who already wish to leave the hospital or medical clinic but
are financially incapable to settle, in part or in full, their
hospitalization expenses, including professional fees _and
medicines, shall be allowed to leave the hospital or medical clinic,
with a right to demand the issuance of the corresponding medical
certificate and other pertinent papers required for the release of the
patient from the hospital or medical clinic upon the execution of a
promissory note covering the unpaid obligation. The promissory
note shall be secured by either a mortgage or by a guarantee of a


co-maker, who will be jointly and severally liable with the patient
for the unpaid obligation. IF THE PATIENT IS AN ACTIVE
MEMBER OF THE SOCIAL SECURITY SYSTEM (SSS),
GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS)
AND PHILIPPINE HEALTH INSURANCE CORPORATION
(PHILHEALTH), A GUARANTEE LETTER FROM ANY OF
THOSE AGENCIES MAY BE PRESENTED WITH THE
PROMISSORY NOTE IN LIEU OF A MORTGAGE OR
GUARANTEE BY A CO-MAKER. IF THE PATIENT IS AN
INDIGENT, A GUARANTEE LETTER FROM THE
DEPARTMENT OF SOCIAL WELFARE AND
DEVELOPMENT (DSWD) SHALL SUFFICE. In the case of @
deceased patient, the CADAVER, corresponding death certificate
and other documents required for interment and other purposes
shall be released BY THE HOSPITAL OR ANY MEDICAL
INSTITUTION, FUNERAL PARLOR OR MORGUE to any of
his surviving relatives requesting for the same: PROVIDED,
THAT THE SURVIVING RELATIVES PRESENT A
PROMISSORY NOTE WITH A GUARANTEE LETTER FROM.
EITHER THE SSS, GSIS, OR PHILHEALTH IF THE
DECEASED WAS A MEMBER OF ANY OF THE SAID
AGENCIES DURING THE TIME OF DEATH, OR DSWD, IF
THE DECEASED WAS AN INDIGENT: Provided, however, that
patients who stayed in private rooms shall not be covered by this
Act.”

SEC.4. Section 3 of Republic Act 9439 is hereby amended to read as follows:

“SEC. 3. Any officer or employee of the hospital or
medical clinic, FUNERAL PARLOR OR MORGUE responsible
for releasing patients OR CADAVERS, who violates the
provisions of this Act shall be punished by a fine of not less than
[Twenty] THIRTY Thousand Pesos [(P20,000.00)] (P30,000.00),
or imprisonment of not less than one month, but not more than six
months, or both such fine and imprisonment, at the discretion of
the proper court.”

SEC. 5. The amount necessary for the initial implementation of this Act shall be
charged against the current appropriations of the DSWD, the SSS, GSIS and PhilHealth, as
the case may be, Thereafter, the funds necessary to carry out the provisions of this Act shall
be included in the Annual General Appropriations Act.

Sec. 6. The Department of Social Welfare and Development, jointly with the
Department of Health, the Government Service Insurance System, Social Security System,
and the Philippine Health Insurance Corporation shall, within six (6) months from the


effectivity of this Act, promulgate the rules and regulations necessary for the proper
implementation of this Act.

Sec. 7. If any provision of this Act is declared unconstitutional or invalid, other
provisions not otherwise affected shall remain in full force and effect.

Sec. 8. All laws, decrees, orders, rules and regulations or parts thereof which are
inconsistent with this Act are hereby repealed or amended accordingly

See. 9, This Act shall take effect upon its publication in the Official Gazette or in a
newspaper of general circulation

Approved,