Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

THIRTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 48

Introduced by: REP. EMILIO C. MACIAS IT

EXPLANATORY NOTE

The Constitution explicitly provides that the State shall promote the right to health
of the people and instill health consciousness among them. In pursuance of this
Constitutional mandate, the goverment 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 solicit, demand or accept 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,
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.

This bill therefore, 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 a 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.

In view of the foregoing reasons, the immediate approval of this bill is eamestly
sought.

Elo

iO C. MACIAS I M.D.
Representative

2pd District, Negros Orientat


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

THIRTEENTH CONGRESS
First Regular Session

48

HOUSE BILL NO.

Introduced by: REP. EMILIO C. MACIAS I

AN ACT
PROVIDING FOR A FAIR AND EQUITABLE TERMS FOR THE RELEASE OF
MEDICAL PRACTITIONERS’ PROFESSIONAL FEE 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 the House of Representatives
of the Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the “Medical
Practitioners Protection Act of 2004”.

SECTION 2. Declaration of Policy. — It is hereby declared the policy of the State
to protect and promote the right to health and enhance the right of all the people to human
dignity. Toward this end, this Act aims to protect the economic well-being of medical
practitioners to ensure a more responsive and efficient delivery of health services to all
the people.

SEC. 3. Definition of Terms. — As used in this Act, the following terms shall be
understood to mean:

1) Medical Practitioner — refers to any person authorized by law to engage in
giving diagnosis, treatment and care of persons suffering from illness, diseases or
deformity, obstetrical and other medical care and other damage to the mind or body,
which includes but not limited to persons practising general medicine, anesthesiology,
OB-Gyne, pediatrics, urology, psychiatry, and like medical professions;

2) Hospital ~ a facility devoted primarily devoted to the diagnosis, treatment and

care of individuals suffering from illness, disease, injury, or in need of obstetrical
or other medical and nursing care. It shall also be construed as any institution, building
and place where there are facilities and personnel for the continued and prolonged care of
patients;

3) Medical Clinic — a place in which patients can avail of medical consultation or
treatment on an outpatient basis.


SEC. 4. Payment of Professional Fee. — Whenever a patient make payment for
his hospital bill, the release of the professional fee collected by the hospital or medical
clinic shall be subject to the following conditions:

a. When full payment is made by the patient, the professional fee collected net of
the withholding tax shall be released in full,

b. When partial payment is made by the patient, the professional fee to be
released shall be proportionate to the total cost of hospitalization; and the
withholding tax deducted by the hospital from the professional fee shall be
proportionate to the partial payment made.

Whenever payment is made by the patient, the professional fee shall be
immediately deposited into the bank account of the medical practitioner.

SEC. 5. Statement of Account. - Hospital or medical clinic shall provide the
medical practitioner a monthly update or statement of account containing the total
amount of professional fee charged, amount already paid and balance receivable.

SECTION 6. Prohibited Act. - It shall be unlawful for any hospital or medical
clinic to withhold, except for taxation purposes, the professional fee of medical
practitioners due to the patients” failure to pay their hospital bills.

SECTION 7. Penalty. - Any clinic or hospital officer, staff or employee found
guilty of violating the provision of this Act shall suffer the penalty of prision correcional
or pay a fine of not less than Twenty thousand Pesos (P20,000.00) but not more than
Fifty Thousand Pesos (P50,000.00) or both at the discretion of the court.

SECTION 8. Effectivity. — This Act shall take effect upon its approval.
Approved,