Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City f

THIRTEENTH CONGRESS
First Regular Session

6
HOUSE BILL N 8

Introduced by : REP. RAUL V. DEL MAR

EXPLANATORY NOTE

The proposed bill seeks to prevent the undesirable practice of hospitals and
medical clinics of preventing the release of fully recovered and/or dead patients for non-
payment, either partially or fully, of hospital bills,

The aforesaid practice has resulted in unnecessarily prolonged, and hence more
expensive, stay of the financially distressed patients. Unchecked and undisturbed, the
practice is a simple case of detention against the will of the patients pending full payment
of bills which, in a sense, constitutes a deprivation of liberty on grounds of financial
incapacity. In any language, it is a legally and morally unacceptable posture.

The bill allows the underprivileged patient to leave the hospital upon the
execution of a duly secured promissory note and imposes a penal sanction for violation of
any of its provisions.

While the rights of hospital owners and/or medical practitioners must be
respected, there must be a better_ and more humane way of treating patients who, having
been adequately attended to, already wish to leave the hospital were it not for their unpaid
bills. To the financially incapable patient, it is a matter of liberty and livelihood; to the
hospital owners and the medical practitioners, it simply means a little financial sacrifice

It may be stressed that this bill passed on third and final reading in the House of
Representatives during the Eleventh Congress. In the Senate, the attached bill passed
second reading but was not approved, for lack of time upon congressional adjournment.

In view of all the foregoing, approval of the Bill is earnestly requested.

RAI DEL


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

THIRTEENTH CONGRESS
First Regular Session

HOUSE BILL 68

Introduced by: REP. RAUL V. DEL MAR

AN ACT
PROHIBITING THE DETENTION OF LIVE OR DEAD PATIENTS IN
HOSPITALS AND MEDICAL CLINICS ON GROUNDS OF NONPAYMENT OF
HOSPITAL BILLS OR MEDICAL EXPENSES

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

SECTION 1. It shall be unlawful for any hospital or medical clinic 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 or medical
expenses.

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
fall, 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. In the case of a deceased patient, the coresponding
death certificate and other documents required for interment and other purposes shall be
released to any of his surviving relatives requesting for the same: Provided, however,
‘That patients who stayed in private rooms shall not be covered by this Act.


SEC. 3. Any officer or 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 Jess than Five thousand pesos (P5,000.00) but not more than Fifteen thousand pesos
(P15,000.00) or imprisonment of not less than one (1) month but not more than six (6)
months, or both such fine and imprisonment, at the discretion of the proper court

SEC. 4, The Department of Health shall promulgate the necessary rules and
regulations to carry out the provisions of this Act.

SEC. 5. If any provision of this Act is declared void and unconstitutional, the
remaining provisions thereof not affected thereby shall remain in full force and effect.

SEC. 6. All laws, decrees, orders, rules and regulations or parts thereof
inconsistent with this Act are hereby repealed or amended accordingly.

SEC. 7. This Act shall take effect fifteen (15) days after its publication in two (2)
national newspaper of general circulation.

Approved,