Question & AnswerQ&A (BLR ADMINISTRATIVE ORDER NO. 5-B, s. 1998)
Republic Act No. 8344 penalizes the refusal of hospitals and medical clinics to administer appropriate initial medical treatment and support in emergency or serious cases, and it amends Batas Pambansa Bilang 702 concerning the prohibition of demanding deposits or advance payments for confinement or treatment in certain cases.
The Department of Health (DOH) is mandated under Section 5 of RA 8344 to promulgate the necessary rules and regulations to carry out the provisions of the law.
It is unlawful for any hospital or medical clinic officer or employee to request, solicit, demand or accept any deposit or advance payment as a prerequisite for confinement or medical treatment, or to refuse to administer medical treatment and support as dictated by good medical practice to prevent death or permanent disability.
Emergency refers to a condition or state of a patient wherein, based on the objective findings of a prudent medical officer on duty, there is immediate danger and delay in treatment may cause loss of life or permanent disability.
A serious case is a patient's condition characterized by gravity or danger which, if left unattended, may cause loss of life or permanent disability, based on objective findings of a prudent medical officer on duty.
A patient can be transferred if the hospital is medically incapable of providing the required care, with consent from the patient or next of kin, or without consent if the patient is unconscious, incapable of giving consent, or unaccompanied, provided emergency treatment to stabilize the patient has been given and that transfer entailed less risk.
The transfer should be documented using a Uniform Discharge/Transfer Slip including vital signs, attending physician's name, treatment given, receiving hospital and contact person, patient's or companion's consent (or effort to contact next of kin if unaccompanied), and reasons for refusal if any.
Hospitals may require deposit or advance payment only when the patient is no longer under emergency or serious condition and refuses to be transferred.
Violators may face imprisonment of six months and one day to two years and four months, or a fine of 20,000 to 100,000 pesos, or both. If violations are due to hospital policy or management instruction, the responsible official may be imprisoned from four to six years or fined from 100,000 to 500,000 pesos, or both.
Hospitals and clinics must display the law and its implementing rules prominently, establish billing procedures that commence after treatment, instruct personnel to give immediate medical attention without prior payment, and report violations to the DOH Bureau of Licensing and Regulation for investigation and possible prosecution.