SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENATE 
) 
) 
) 
'is 
,JUN -8 P 4 :20 
___________ 
S._N_o_. __ 2_8_1_4 ______ :_, ;_"_'_':1_,_' \_.~_I l_j '_"'_ -.cr ' 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
PROVIDING FOR A FAIR AND EQUITABLE TERMS FOR THE RELEASE OF 
MEDICAL PRACTITIONERS' PROFESSIONAL FEES WITHHELD BY 
HOSPITALS OR MEDICAL CLINICS FOR FAILURE OF THE PATIENT TO 
PAY HOSPITAL BILLS AND PENALIZING VIOLATIONS THEREFOR 
EXPLANATORY NOTE 
The Constitution, Article 2 provides: 
Section 15. The State shall protect and promote the right to health of 
the people and instill health consciousness among them. 
Pursuant to this Constitutional mandate, the government has implemented various 
health policies to protect the right to health of the people and public health workers. 
Specifically, Republic Act No. 8344 penalizes any proprietor, officer, medical 
practitioner and employee of a hospital or medical clinic who solicits, demands or accepts 
any deposit or any other form of advance payment as a prerequisite for medical treatment 
or confinement. Likewise, Republic Act No. 7305, otherwise known as the Magna Carta 
for Public Health Workers, aims to promote and improve their living and working 
conditions and terms of employment in order that they will be more responsive and better 
equipped to deliver health projects and programs. 
There are also several pending legislative measures in Congress, which seek to 
provide more rights to patients. Unfortunately, private medical practitioners - the 
indispensable partner of the government in the delivery of health services to the people -
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have not been accorded the same legal rights and protection as their counterpart in the 
public sector. 
Even in the absence of a law prohibiting hospitals from detaining a patient or 
withholding the release of a cadaver for failure to settle hospital bills, some hospitals 
release the patients or cadavers even before making full payment of hospital bills. 
However, these hospitals withhold the payment of professional fees of medical 
practitioners pending full settlement of patients' hospital bills. Hence, this bill seeks to 
afford protection to medical practitioners by curtailing this unjust practice of some 
hospitals and medical clinics to withhold the payment of professional fees. It is the 
foremost intention of this measure to institute a mechanism that will ensure fair and 
equitable terms acceptable to both the hospital and medical practitioners whenever 
patients make payments of hospital bills. 
Moreover, since medical practitioners have no collection agent to demand 
payment of their professional fees and it would be grossly degrading for them to 
constantly make follow-ups or verifY from hospitals whether their patients have already 
settled their unpaid hospital bills, hospital or medical clinic shall provide them with a 
statement of account containing the total professional fee charged, amount already 
received, balance receivable and update of patients payment. 
This is a Senate counterpart bill to one filed in the House of Representatives by 
Rep. Emilio C. Macias.' 
~~ .O,~ 
~IRlAM DEF~sORS::\NtI/GO 
I This was originally filed during the Fourteenth Congress, First Regular Session, and refiled 
during the Fifteenth Congress, First Regular Session. 
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SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
) 
) 
) 
'1~; 
JUN -8 P 4 :20 
__________ 
S_._N_;_EN_A_2
T_I_1_4 ________ 
' -'-' '-"'-': ---a-
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
PROVIDING FOR A FAIR AND EQUITABLE TERMS FOR THE RELEASE OF 
MEDICAL PRACTITIONERS' PROFESSIONAL FEES WITHHELD BY 
HOSPITALS OR MEDICAL CLINICS FOR FAILURE OF THE PATIENT TO 
PAY HOSPITAL BILLS AND PENALIZING VIOLATIONS THEREFOR 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
1 
SECTION 1. Short Title. - This Act shall be known as the "Medical Practitioners 
2 
Protection Act." 
3 
SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State 
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to protect and promote the right to health and enhance the right of all the people to human 
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dignity. Toward this end, this Act aims to protect the economic well-being of medical 
6 
practitioners to ensure a more responsive and efficient delivery of health services to all 
7 
the people. 
8 
SECTION 3. Definition of Terms. - For purposes of this Act, the term: 
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(A) "Hospital" means a facility devoted primarily devoted to the diagnosis, 
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treatment and care of individuals suffering from illness, disease, injury, or in need of 
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obstetric or other medical and nursing care. It shall also be construed as any institution, 
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building or place where there are facilities and personnel for the continued and prolonged 
13 
care of patients; 
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(B) "Medical Clinic" means a place in which patients can avail of medical 
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consultation or treatment on an out-patient basis; and 
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1 
(C) "Medical Practitioner" means any person authorized by law to engage in 
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giving diagnosis, treatment and care of persons suffering from illness, diseases or 
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deformity, obstetrical and other medical care and other damage to the mind or body, 
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which includes but not limited to persons practising general medicine, anesthesiology, 
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obstetrics and gynecology, pediatrics, urology, psychiatry, and like medical professions. 
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SECTION 4, Payment of Professional Fee. - Whenever a patient pays his hospital 
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bill, the release of the professional fee collected by the hospital or medical clinic shall be 
8 
subject to the following conditions: 
9 
(A) When full payment is made by the patient, the professional fee collected net 
10 
of the withholding tax shall be released in full; 
11 
(B) When partial payment is made by the patient, the professional fee to be 
12 
released shall be proportionate to the total cost of hospitalization and the withholding tax 
13 
deducted by the hospital from the professional fee shall be proportionate to the partial 
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payment made. 
15 
Whenever payment is made by the patient, the professional fee shall be 
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immediately deposited into the bank account of the medical practitioner. 
17 
SECTION 5. Statement of Account. - Hospital or medical clinic shall provide the 
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medical practitioner a monthly update or statement of account containing the total 
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amount of professional fee charged, amount already paid and balance receivable. 
20 
SECTION 6. Prohibited Acts; Penalties. - It shall be unlawful for any hospital or 
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medical clinic to withhold, except for taxation purposes, the professional fee of medical 
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practitioners due to the patients' failure to pay their hospital bills. 
23 
Any hospital or medical clinic found in violation of this Act shall be penalized 
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with a fine of not less than P20,OOO but not more than P50,OOO. 
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1 
In addition, a penalty of imprisonment of prision correccional may be imposed on 
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the hospital or medical clinic's responsible officers, including, but not limited to, the 
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president, vice-president, chief executive officer, general manager, managing director or 
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officer directly responsible therefore, if any of them are found to have known of, or 
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consented to, such unlawful withholding of professional fees. 
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In both cases, the court shall take into consideration all attending circumstances. 
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SECTION 7. Separability Clause. - If any provision of this Act is held invalid or 
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unconstitutional, the same shall not affect the validity and effectivity of the other 
9 
provisions hereof. 
10 
SECTION 8. Repealing Clause. - All laws, decrees, orders, and issuances, or 
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portions thereof, which are inconsistent with the provisions of this Act, are hereby 
12 
repealed, amended or modified accordingly. 
13 
SECTION 9. Effectivity Clause. - This Act shall take effect fifteen (15) days after 
14 
its publication in the Official Gazette or in two (2) newspapers of general circulation. 
Approved, 
Itdp3June2015 
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