rH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES — )
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No. 2864

Introduced by Representative Christian Tell A. Yap

EXPLANATORY NOTE

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” was enacted to
prevent hospitals from detaining, directly or indirectly, patients who are unable to pay full or partial
payment for their medical expenses. The law also prohibits the undesirable practice of refusing to
release to their families the body ofa deceased patient with unpaid bills

However, while the law intends the protection of patients and their families from the
curtailment of their right to liberty despite their financial incapacities, it suffers from significant

inadequacies.

First, the law disqualifies patients admitted to private rooms without exception. Thus, it fails
to anticipate situations wherein a patient, due to the extreme urgency of immediate medical attention
is compelled to agree to be admitted to a private room. Second, deceased patients admitted to private
rooms are denied the immediate release of the necessary documents required for their interment. This
has resulted in the undue delay of burials and further suffering of the families of the deceased. Lastly,
while the law penalizes medical personnel in violation of the law, it merely imposes an insubstantial
fine that can be abused by erring medical officials and institutions.

This legislation seeks to strengthen the rights of patients and their families against improper
detention and provides stricter penalties on all hospitals and medical facilities continuing this unjust

practice.

In view of the foregoing reasons, the approval of the bill is earnestly soughy

conasii SpA
RepresentativeZnd Bistrict of Tarlac


NINETEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES _ )
First Regular Session )

HOUSE OF REPRESENTATIVES
House Bill No. 2864

Introduced by Representative CHRISTIAN TELL A. YAP

AN ACT
INCREASING THE PENALTIES FOR THE DETENTION OF PATIENTS AND
CADAVERS IN HOSPITALS, MEDICAL CLINICS, OR ANY OTHER SIMILAR
FACILITIES ON GROUNDS OF NONPAYMENT OF HOSPITAL BILLS OR MEDICAL,
EXPENSES AMENDING FOR THE PURPOSE REPUBLIC ACT 9439, ENTITLED "AN
ACT PROHIBITING THE DETENTION OF PATIENTS IN HOSPITALS AND MEDICAL.
CLINICS ON GROUNDS OF NONPAYMENT OF HOSPITAL BILLS OR MEDICAL

Be it enacted by the Senate and House of Representatives of the Philippines 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, OR ANY
OTHER SIMILAR FACILITY in the country to detain or to otherwise cause,
directly or indirectly, the detention of patients who have fully or partially recovered,
have been adequately attended to, DUE FOR DISCHARGE, or who may have died,
for reasons of non-payment in part or in full of hospital bills, medical expenses."

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

"SECTION 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 SHOULD THE
PRINCIPAL FAILED 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 ROM, 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;

b. THE PHYSICIAN 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, ISOLATI
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, FURTHER, 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 THE 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 PERTINENT DOCUMENTS SHALL BE RELEASED WITHIN
THREE (3) WORKING DAYS FROM THE DEMAND OF THE
AFOREMENTIONED DOCUMENTS.

IF THE PATIENT IS AN ACTIVE MEMBER OF EITHER THE SOCIAL
SECURITY SYSTEM (SSS), GOVERNMENT SERVICE INSURANCE
SYSTEM (GSIS) OR THE PHILIPPINE HEALTH INSURANCE
CORPORATION (PHILHEALTH), A GUARANTEE LETTER FROM ANY
OF THESE 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 a deceased patient, the CADAVER SHALL BE
RELEASED BY THE HOSPITAL, MEDICAL CLINIC OR ANY OTHER
SIMILAR FACILITY TO THE RELATIVES AND THE CORRESPONDING
DEATH CERTIFICATE AND OTHER DOCUMENTS REQUIRED FOR
INTERMENT, CLAIMS FOR SOCIAL SECURITY, OR THE INSTITUTION
OF CRIMINAL PROCEEDINGS SHALL BE PROMPTLY ISSUED.
PROVIDED, HOWEVER, THAT FOR PURPOSES SUCH AS PRIVATE
INSURANCE OR SETTLEMENT OF ESTATE, SECURED PROMISSORY
NOTE OR DEED OF ASSIGNMENT OF PROCEEDS SHALL BE
REQUIRED BEFORE THE ISSUANCE OF THE APPROPRIATE
CERTIFICATE AND DOCUMENTS FOR SUCH PURPOSES, PROVIDED



FURTHER, THAT A GUARANTEE LETTER FROM EITHER THE SSS,
GSIS, OR PHILHEALTH IF THE DECEASED WAS A MEMBER OF THE
SAID AGENCIES, OR THE DSWD IF THE DECEASED WAS AN INDIGENT
MAY TAKE THE PLACE OF THE PROMISSORY NOTE [corresponding
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. Section 3 of R.A. 9349, entitled "An Act Prohibiting the Detention of Patients in
Hospitals and Medical Clinics on Grounds of Nonpayment of Hospital Bills or Medical Expenses"
is hereby amended to read:

"SECTION 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 less than Twenty thousand pesos (P20,000.00), but not more than Fifty
thousand pesos (P 50,000.00), 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.] UPON CONVICTION BY FINAL JUDGMENT, BE PUNISHED
BY IMPRISONMENT OF NOT LESS THAN S IX (6) MONTHS AND ONE (1)
DAY BUT NOT MORE THAN TWO (2) YEARS AND FOUR (4) MONTHS,
OR A FINE OF NOT LESS THAN ONE HUNDRED THOUSAND PESOS (P
100,000.00), BUT NOT MORE THAN THREE HUNDRED THOUSAND
PESOS (P 300,000.00) OR BOTH, AT THE DISCRETION OF THE COURT:
PROVIDED, HOWEVER, THAT IF SUCH VIOLATION WAS COMMITTED
PURSUANT TO AN ESTABLISHED POLICY OF THE HOSPITAL OR
CLINIC OR UPON INSTRUCTION OF ITS MANAGEMENT, THE
DIRECTOR OR OFFICER OF SUCH HOSPITAL OR = CLINIC
RESPONSIBLE FOR THE FORMULATION AND IMPLEMENTATION OF
SUCH POLICY SHALL, UPON CONVICTION BY FINAL JUDGMENT,
SUFFER IMPRISONMENT OF FOUR (4) TO SIX (6) YEARS, OR A FINE
OF NOT LESS THAN FIVE HUNDRED THOUSAND PESOS (P 500,000.00),
BUT NOT MORE THA! E MILLION PESOS (P 1,000,000.00) OR BOTH,
AT THE DISCRETION OF THE COURT, FURTHER, UPON THREE
REPEATED VIOLATIONS COMMITTED PURSUANT TO AN
ESTABLISHED POLICY OF THE HOSPITAL OR CLINIC OR UPON THE
INSTRUCTION OF ITS MANAGEMENT, THE HEALTH FACILITY'S
LICENSE TO OPERATE SHALL BE REVOKED BY THE DEPARTMENT
OF HEALTH (DOH).”

SEC. 4. Anti-Hospital Detention Assistance Fund. - There is hereby created an Anti-
Hospital Detention Assistance Fund amounting to One Hundred Million (P 100,000,000.00) to be
managed by the DOH. This fund shall be used to partly cover unpaid promissory notes issued by
poor and indigent patients

The amount necessary for the initial implementation of this Act shall be charged against
the current appropriations of the DOH who shall set up an Anti-Hospital Detention Assistance
Fund for patients. Thereafter, the funds necessary to carry out the provisions of this Act shall be
sourced from the Philippine Charity Sweepstakes Office.


SEC. 5. Implementing Rules and Regulations. The Department of Health, jointly with
the Department of Social Welfare and Development, the Government Service Insurance System,
Social Security System, Philippine Charity Sweepstakes Office, 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. 6. Separability Clause. - If any provision of this Act is declared unconstitutional or
invalid, other provisions not otherwise affected shall remain in full force and effect.

SEC. 7. Repealing Clause. - All laws, decrees, orders, rules and regulations or parts
thereof which are inconsistent with this Act are hereby repealed or amended accordingly

SEC 8, Effectivity Clause. - This Act shall take effect upon its publication in the Official
Gazette or in a newspaper of general circulation.

Approved,