Republic of the Philippines hl “aN
HOUSE OF REPRESENTATIVES f° coy 18 SEP 2041

‘Quezon City, Metro Manila Bsn ey

FIFTEENTH CONGRESS

‘Second Regular Session

House BilNo,_ 0286

Introduced by Honorable Carmelo F. Lazatin

EXPLANATORY NOTE

ALMOST everyday, we hear of complaints in newspaper, radio and television against
hospitals and other medical institutions that detain patients or even cadavers of deceased
patients due to unpaid medical bills,

In addition, some funeral parlors and morgues, are into this practice as well, Keeping
cadavers to force relatives of the deceased individual to cough up with the payment for burial
serviees,

Congress has enacted RA 9439 to discourage practice of detaining patients with
unpaid medical bils. However, the bil 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 law, should be accompanied by mortgage or guarantee.

As solution, the Goverment Service Insurance System (GSIS), Social Security
System (SSS), Philhealth and the Department of Social Welfare and Development (DSWD) are
encouraged to come up with special programs to help their members who cannot afford to pay
‘medical or funeral bills

Aside from this, the law needs amendment to expand its scope to funeral parlors and
other institutions that follow this inhuman practice.

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

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

6 Z
CARMEL( ‘TIN.

First District, Pe vayat’


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

FIFTEENTH CONGRESS
Second Regular Session

5286

House Bill No.

Introduced by Honorable Carmelo F. Lazatin

AN ACT PROHIBITING THE DETENTION OF PATIENTS AND/OR THEIR CADAVER BY
HOSPITALS AND OTHER INSTITUTIONS, AMENDING FOR THE PURPOSE REPUBLIC
ACT 9439, OTHERWISE KNOWN AS THE PATIENTS ILLEGAL DETENTION ACT

BE it enacted in the Senate and the House of Representatives in Congress assembled:

Sec. 1. Title: This act shall be known as “Expanded Patients Illegal Detention Act of
2011".

Sec: 2. Section 1 of Republic Act 9439 is hereby amended to read as follows:

Sec. 1: It shall be unlawful for any hospital or medical clinic, FUNERAL PARLORS.
AND MORGUES 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: 3. Section 2 of Republic Act 9439 is hereby amended to read as follows:

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
OR DECEASED PATIENT IS A MEMBER OF THE SOCIAL SECURITY SYSTEM,
GOVERNMENT SERVICE INSURANCE SYSTEM AND PHILIPPINE HEALTH INSURANCE
CORPORATION, A PROMISSORY NOTE FROM EITHER OF THE AGENCIES WOULD
SUFFICE. IN THE CASE OF AN INDIGENT PATIENT, A CERTIFICATION AND/OR
GUARANTEE FROM THE DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT IS
SUFFICIENT ENOUGH. In the case of a deceased patient, the CADAVER, corresponding
death certifcate and other documents required for interment and other purposes shall be
released by the HOSPITAL OR ANY MEDICAL INSTITUTION, FUNERAL PARLOR OR


MORGUES to any of his surviving relatives requesting for the same, PROVIDED THEY
PRESENT A PROMISSORY NOTE FROM THE SSS, GSIS OR DSWD. 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 MORGUES responsible for releasing patients ANDIOR ITS CADAVER, who violates the
provisions of this Act shall be punished by a fine of not less than TWO HUNDRED THOUSAND
PESOS (P200,000.00), or imprisonment of TWO YEARS, or both such fine and imprisonment,
at the discretion of the proper cour.

Sec. 5. Appropriation - The amount needed for the intial implementation of this Act
shall be taken from the current appropriations of the Department of Social Welfare and
Development, GSIS, Philhealth and SSS. Thereafter, the fund necessary to carry out the
provisions ofthis Act shall be included in the Annual General Appropriations Act

Sec. 6. Implementing Rules and Regulations ~ Within six (6) months from the
effectivity of this Act, the Department of Social Weltare and Development, the Department of
Health, the Government Service Insurance System, Social Security System and the Philippine
Health Insurance Corporation and other agencies concerned shall promulgate rules and
guidelines as may be necessary forthe proper implementation of this Act.

Sec. 7. Separability Clause. ~ if any provision of this Act shall be held
unconstitutional or invalid, the other provisions not otherwise affected shall remain in full force
and effect.

Sec. 8, Repealing Clause. — All laws, executive orders or issuances, or any parts
thereof which are inconsistent herewith are hereby repealed or amended accordingly.

Sec. 9. Effectivity Clause. — This Act shall take effect upon its publication in at least
two (2) newspapers of general circulation

Approved,