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

HOUSE OF REPRESENTATIVES

House Bill No. 5236

Introduced by Representative Victor A. Yap

EXPLANATORY NOTE

It is the constitutional mandate of the state to promote and preserve the right to health of,
all persons regardless of their social and economic status. Likewise, the rights of patients who
are incapacitated to pay their medical bills must be upheld and dutifully protected.

In furtherance to the state policy, 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 of a
deceased patient with unpaid bills.

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 measure seeks to address these deficiencies by strengthening the rights of patients
and their families against improper detention and providing stricter penalties on all hospitals and

medical facilities continuing this unjust practice.

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

Representativé, 2nd District of Tarlac


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

HOUSE OF REPRESENTATIVES

House Bill No. 5236

Introduced by Representative Victor 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
EXPENSES

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

SECTION 1. Section 1 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 2of 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,
ISOLATION, 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

a


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
afine of not less than Twenty thousand pesos (P20,000.00),but not more than Fifty
thousand pesos (P 50,000.00), or imprisonment ofnot 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 THAN ONE
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,