Question & AnswerQ&A (DOH ADMINISTRATIVE ORDER NO. 2008-0001)
The primary objective of Republic Act No. 9439, otherwise known as "An Act Prohibiting the Detention of Patients in Hospitals and Medical Clinics on Grounds of Nonpayment of Hospital Bills or Medical Expenses," is to prohibit hospitals and medical clinics from detaining patients due to non-payment of hospital bills or medical expenses and to encourage appropriate payment schemes while emphasizing patients' responsibility to pay their obligations.
It applies to patients admitted in government and private hospitals and medical clinics, except those who stay in private rooms.
Detention is the act of restraining a person from leaving the hospital premises for non-payment of hospital bills or medical expenses in part or in full.
They must execute a promissory note covering the unpaid obligations, which shall be secured by either a mortgage or a guarantee of a co-maker who is jointly and severally liable for the unpaid obligations.
They are required to execute a promissory note secured by either a mortgage or a guarantee of a co-maker to cover the unpaid obligations to receive pertinent documents for other than interment purposes. However, for interment purposes only, they may claim the cadaver and receive the death certificate without executing the promissory note.
Unlawful detention occurs when: (a) the patient who is partially or fully recovered has expressed intention to leave or is discharged by a physician; (b) the patient is not in a private room and cannot pay part or all of the bill; (c) the patient has executed a promissory note for unpaid bills; and (d) the hospital officer or employee responsible for releasing the patient restrains them from leaving.
They may be punished by a fine ranging from Twenty Thousand Pesos (P20,000) to Fifty Thousand Pesos (P50,000), imprisonment from one (1) month to six (6) months, or both, at the court's discretion.
Government hospitals should classify patients based on their capacity to pay according to DOH guidelines. Private hospitals should have written policies for classification. Hospitals should also assist patients in seeking financial assistance and establish billing and collection procedures.
The promissory note serves as an unconditional promise to pay the unpaid hospital bills or medical expenses. It must be secured by a mortgage or a co-maker's guarantee, making the patient or guarantor liable for the debt.