Question & AnswerQ&A (Republic Act No. 8344)
The main purpose of Republic Act No. 8344 is to penalize hospitals and medical clinics that refuse to administer appropriate initial medical treatment and support in emergency or serious cases, and to amend Batas Pambansa Bilang 702 concerning the demand of deposits or advance payments for treatment.
Proprietors, presidents, directors, managers, any other officers, medical practitioners, or employees of hospitals or medical clinics are prohibited from requesting, soliciting, demanding, or accepting any deposit or advance payment as a prerequisite for confinement or medical treatment in emergency or serious cases.
An 'emergency' is a condition or state of a patient where, based on the objective findings of a prudent medical officer on duty, there is immediate danger, and delay in initial support and treatment may cause loss of life or permanent disability.
A 'serious case' refers to a patient’s condition characterized by gravity or danger that, if left unattended, may cause loss of life or permanent disability, based on the objective findings of a prudent medical officer on duty.
A patient can be transferred if the hospital or clinic lacks adequate medical capabilities, the attending physician obtains the consent of the patient or next of kin (unless the patient is unconscious or unaccompanied), the receiving hospital agrees to the transfer, necessary emergency treatment has been administered to stabilize the patient, and the transfer entails less risk thancontinued confinement.
No, the receiving hospital or clinic shall not refuse to receive the patient or demand any deposit or advance payment after being informed of the medical indications for transfer.
Violators face imprisonment from six months and one day up to two years and four months, or a fine between Twenty thousand pesos to One hundred thousand pesos, or both, at the court's discretion.
If the violation was pursuant to an established policy or instruction of management, the responsible director or officer may be imprisoned for four to six years, or fined between One hundred thousand pesos to Five hundred thousand pesos, or both, at the discretion of the court.
Emergency treatment and support refer to any medical or surgical measure within the capability of the hospital or medical clinic administered by qualified healthcare professionals to prevent death or permanent disability.
To stabilize means providing necessary care until the patient may be safely discharged or transferred to another facility without a reasonable probability of physical deterioration resulting from or occurring during such discharge or transfer.
The Department of Health is responsible for promulgating the necessary rules and regulations to carry out the provisions of RA 8344.