DOH to Hospitals: Provide Emergency Services Even Without Down Payment

The Anti-Hospital Deposit Law or the Republic Act 10932 states that “in emergency or serious cases, it shall be unlawful for any hospital or medical clinic to request, solicit, demand or accept any deposit or any other form of advance payment as prerequisite for administering basic emergency care, for confinement or medical treatment, or to refuse to administer medical treatment and support to any patient.” Here are some of the details that you need to know:

DOH Official Statement re Anti-Hospital Deposit Law

Assistant Secretary Elmer Punzalan of the Department of Health (DOH) has reiterated that health services should be made available even without deposit to patients seeking emergency treatment in both public and private hospitals.

“Government hospitals do not require deposits from patients. Private hospitals on the other hand (should) treat patients, then refer them to government hospitals, if necessary.”

The Anti-Hospital Deposit Law has been hailed by those seeking to make health care accessible to every Filipino, but has been slammed by a number of private hospitals.

What will happen if the hospital will not abide to this law?

“After three strikes, it is possible that a hospital will be closed by the Department of Health,” said by Dr. Rustico Jimenez, president of Private Hospitals Association of the Philippines Inc. (PHAPI). He argued that the law could be abused and lead small private hospitals to bankruptcy.

Section 4 of Anti-Hospital Deposit Law

Any official, medical practitioner or employee of the hospital or medical clinic who violates the provisions of this Act shall, upon conviction by final judgment:

  • be punished by imprisonment of not less than six (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 (P100,000.00), but not more than three hundred thousand pesos (P300,000.00
  • 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 (P500,000.00), but not more than One million pesos (1,000,000.00) or both, at the discretion of the court, without prejudice to damages that may be awarded to the patient-complainant…

Provided, further, that upon three (3) 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 DOH. The president, chairman, board of directors, or trustees, and other officers of the health facility shall be solidarily liable for damages that may be awarded by the court to the patient-complainant.

Post of Rep. Kit Belmonte

Kit Belmonte RA 10932

Mga dapat tandaan sa Enhanced Anti-Hospital Deposit Law o RA 10932.

  • Bawal manghingi ng deposito ang mga hospital o clinic bago magbigay ng basic emergency services sa pasyente
  • Kung walang ambulansya ang hospital maaring gamitin ang emergency vehicle ng LGU
  • Ikinokonsiderang emergency case ang panganganak at miscarriage 
  • Dapat na ipaskil ang mga serbisyong kanilang ibinibigay sa entrance ng mga hospital at clinic
  • Presumption of liability o ang mga hospital o clinic ay dapat managot kung sakaling mamatay o magdulot ng seryosong pinsala sa pasyente ang hindi pag-admit nito sa kanilang hospital o clinic
  • Mas mataas na parusa para sa lalabag ng batas na ito

NOTE: Ang RA 10932 ay nag-aamyenda sa Batas Pambansa Bilang 702, at lalo pang pinalakas ang provision ng emergency health care sa mga pasyente. Saklaw ng batas ang LAHAT NG OSPITAL – pampubliko man o pribado.

For Inquires and Complaints

Please contact DOH at https://www.doh.gov.ph/contact or send a personal message to Rep. Belmonte at m.me/attykitbelmonte.

Source: pna.gov.ph

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