Question & AnswerQ&A (ADMINISTRATIVE ORDER NO. 2018-0012)
Republic Act 10932 prohibits hospitals and medical clinics from requesting, soliciting, demanding, or accepting any deposit or advance payment as a prerequisite for administering basic emergency care, confinement, or medical treatment in emergency or serious cases.
An emergency is defined as a condition where there is immediate danger and where delay in support and treatment may cause loss of life or permanent disability to the patient, or permanent injury or loss of an unborn child in the case of a pregnant woman, or result in a non-institutional delivery.
Violators face imprisonment of 6 months and 1 day to 2 years and 4 months, a fine of P100,000 to P300,000, or both. If the violation follows an established hospital policy, the responsible officers face 4 to 6 years imprisonment, fines of P500,000 to P1,000,000, or both, and repeated violations may lead to license revocation.
The director or officer responsible for the formulation and implementation of the policy, as well as the president, chairman, board of directors, or trustees of the health facility, can be held solidarily liable for damages.
Hospitals must administer initial emergency treatment to stabilize the patient, transfer them to the nearest appropriate higher-level facility, coordinate and document the transfer properly, provide a nurse with ACLS certification during transfer, and inform the patient once no longer an emergency.
Basic emergency care refers to urgently required medical care and attention including initial diagnosis, use of equipment and supplies to address the emergency, and necessary procedures to ensure safe delivery for women in active labor.
They cannot be refused medical treatment or admission for inability to pay deposits. The law ensures free emergency services and obligates PhilHealth and PCSO to reimburse hospitals for emergency care provided to poor or indigent patients.
The Health Facilities Oversight Board under the Health Facilities and Services Regulatory Bureau (HFSRB) of the Department of Health investigates complaints and imposes administrative sanctions.
Hospitals and clinics must display a copy of RA 10932 and its implementing rules prominently in emergency rooms, admission counters, and premises, as well as a license to operate and signage listing medical services.
No hospital or clinic shall refuse to receive a patient for transfer or demand any deposit or advance payment after being informed of medical indications for transfer.