QuestionsQuestions (Republic Act No. 9439)
It makes it unlawful for any hospital or medical clinic to detain (or otherwise cause the detention of) patients who have fully or partially recovered, have been adequately attended to, or who may have died, for reasons of nonpayment of hospital bills or medical expenses.
Patients who have fully or partially recovered, who have been adequately attended to, or who may have died—even if there is nonpayment of hospital bills or medical expenses in part or in full.
No. If the patient wants to leave but cannot settle the unpaid hospitalization expenses, the hospital must allow the patient to leave, subject to the requirements under the Act (e.g., promissory note).
The responsible officer or employee may be punished by a fine of not less than PHP 20,000 but not more than PHP 50,000, or imprisonment of not less than one month but not more than six months, or both, at the discretion of the proper court.
They may demand the issuance of the corresponding medical certificate and other pertinent papers required for the patient’s release from the hospital or medical clinic.
A promissory note covering the unpaid obligation.
It must be secured by either (a) a mortgage or (b) a guarantee of a co-maker who will be jointly and severally liable with the patient for the unpaid obligation.
For a deceased patient, the corresponding death certificate and other documents required for interment and other purposes must be released to any surviving relative who requests them.
No. RA 9439 provides that patients who stayed in private rooms shall not be covered by the Act.
To prevent hospitals and clinics from using detention to coerce payment of hospital bills, especially after adequate attendance, recovery, or death.
The DOH must promulgate the necessary rules and regulations to carry out the provisions of the Act.
If any provision is declared void and unconstitutional, the remaining provisions not affected thereby remain in full force and effect.
All laws, decrees, orders, rules, and regulations (or parts thereof) inconsistent with the Act are repealed or amended accordingly.
It takes effect fifteen (15) days after its publication in two national newspapers of general circulation.
It was approved by President Gloria Macapagal-Arroyo, and the bill was endorsed by the Senate President (Manny Villar) and the Speaker of the House (Jose de Venecia Jr.), with their signatories shown in the text.
It covers all three categories: fully recovered, partially recovered, adequately attended to patients, and those who may have died.