Question & AnswerQ&A (Republic Act No. 10932)
The main purpose of Republic Act No. 10932 is to strengthen the Anti-Hospital Deposit Law by increasing penalties for hospitals and medical clinics that refuse to administer appropriate initial medical treatment and support in emergency or serious cases, and to prohibit the demand of deposits or advance payments as a prerequisite for emergency medical care.
Emergency cases are conditions where, based on the objective findings of a prudent medical officer, there is immediate danger and delay in treatment may cause loss of life, permanent disability, permanent injury or loss of an unborn child in pregnant women, or noninstitutional delivery.
A serious case refers to a patient condition characterized by gravity or danger which, if left unattended, may cause loss of life, permanent disability, permanent injury or loss of an unborn child in pregnant women.
Basic emergency care includes urgent medical diagnosis, use of equipment and supplies to address the emergency, and necessary medical procedures, including treatment administered to a woman in active labor to ensure safe delivery.
No, it is unlawful for any hospital or medical clinic to request or demand any deposit or advance payment as a prerequisite for administering basic emergency care or treatment in emergency or serious cases.
A patient may be transferred if the hospital’s medical capabilities are inadequate, provided the patient or next of kin consents to the transfer, the receiving facility agrees, necessary emergency treatment has been administered to stabilize the patient, and the transfer entails less risk than continued confinement.
The attending physician may transfer the patient without consent if the patient is unconscious, incapable of giving consent, or unaccompanied, provided necessary emergency treatment has been given to stabilize the patient and transfer entails less risk.
Violators are punishable by imprisonment of 6 months and 1 day to 2 years and 4 months, or a fine of P100,000 to P300,000, or both. If the violation was pursuant to an established policy, imprisonment ranges from 4 to 6 years with higher fines of P500,000 to P1,000,000.
The health facility’s license to operate shall be revoked by the Department of Health, and the hospital's officers are solidarily liable for damages awarded to the patient.
If denial of admission or treatment resulting from deposit demand causes death, permanent disability, serious impairment or harm to the patient or pregnant woman, a presumption of liability arises against the hospital, medical clinic, and involved officials or employees.
Complaints are initially filed with the Health Facilities Oversight Board under the Health Facilities and Services Regulatory Bureau (HFSRB) of the Department of Health.
PhilHealth reimburses hospitals or clinics the cost of basic emergency care and transportation services given to poor and indigent patients.
Yes, expenses not reimbursed by PhilHealth for providing basic emergency care to poor and indigent patients are tax-deductible.
Hospitals must post a notice indicating their classification level as licensed by the Department of Health and the list of medical services they are authorized to perform.
The Act took effect fifteen (15) days after its publication in the Official Gazette or in at least two newspapers of general circulation.