Question & AnswerQ&A (Republic Act No. 9439)
Republic Act No. 9439 prohibits any hospital or medical clinic in the Philippines from detaining patients who have fully or partially recovered, have been adequately attended to, or have died, on grounds of nonpayment of hospital bills or medical expenses.
The Act applies to all hospitals and medical clinics in the Philippines, except for patients who stayed in private rooms.
Patients who have partially or fully recovered and want to leave the hospital but are financially incapable of paying their medical expenses must be allowed to leave upon executing a promissory note covering the unpaid obligation.
The promissory note must be secured by either a mortgage or a guarantee of a co-maker who will be jointly and severally liable with the patient for the unpaid obligation.
Hospitals must release the corresponding medical certificate and other pertinent papers required for the release of the patient. In case of death, the death certificate and other documents required for interment must be released to surviving relatives.
No, patients who stayed in private rooms are explicitly excluded from the coverage of this Act.
Violators may be punished with a fine of not less than Twenty thousand pesos (P20,000.00) but not more than Fifty thousand pesos (P50,000.00), or imprisonment of not less than one month but not more than six months, or both, at the discretion of the court.
The Department of Health (DOH) is tasked with promulgating the necessary rules and regulations to implement RA 9439.
If any provision is declared void or unconstitutional, the remaining provisions shall remain in full force and effect.
The Act took effect fifteen (15) days after its publication in two national newspapers of general circulation.