QuestionsQuestions (Republic Act No. 10932)
It is unlawful to request, solicit, demand, or accept any deposit or advance payment as a prerequisite for administering basic emergency care or for the confinement/medical treatment of a patient; or to refuse to administer medical treatment and support as dictated by good practice of medicine to prevent death or permanent disability (and, for pregnant women, permanent injury or loss of the unborn child, or non-institutional delivery).
It includes procedures required for initial diagnosis, use of equipment and supplies sufficiently addressing the emergency, and medical procedures/treatment administered to a woman in active labor to ensure safe delivery of the newborn.
A condition where, based on objective findings of a prudent medical officer on duty for the day, there is immediate danger and delay in initial support/treatment may cause loss of life or permanent disability; for pregnant women, permanent injury or loss of the unborn child; or would result in a non-institutional delivery.
A condition characterized by gravity/danger where, based on objective findings of a prudent medical officer on duty for the day, left unattended it may cause loss of life or permanent disability; for pregnant women, permanent injury or loss of the unborn child.
The attending physician may transfer the patient after the patient or next of kin consents and after the receiving facility agrees, but only after the necessary emergency treatment/support have been administered to stabilize the patient and after it has been established that the transfer entails less risks than continued confinement.
When the patient is unconscious, incapable of giving consent and/or unaccompanied, the physician can transfer the patient even without his consent, provided the transfer follows the safety and stabilization requirements and less-risk determination.
No. After being informed of the medical indications for transfer, no hospital/clinic shall refuse to receive the patient nor demand from the patient or next of kin any deposit or advance payment.
The LGU where the hospital/clinic is located must allow the free use of its emergency vehicle to transport the patient. The hospital/clinic must provide a staff nurse with advanced cardiovascular life support (ACLS) certification or its equivalent to accompany the patient in the emergency vehicle.
All hospitals must post at their entrance a notice indicating their licensed classification level as licensed by the DOH and the list of medical services they are authorized to perform.
Upon conviction by final judgment: imprisonment of not less than six (6) months and one (1) day but not more than two (2) years and four (4) months, or a fine of not less than P100,000 but not more than P300,000, or both at the court’s discretion.
The director/officer responsible for the formulation/implementation of such policy shall be punished with imprisonment of four (4) to six (6) years, or a fine of not less than P500,000 but not more than P1,000,000, or both, without prejudice to damages.
Upon three (3) repeated violations committed pursuant to an established policy or upon instruction of management, the health facility’s license to operate shall be revoked by the DOH.
The president/chairman/board of directors/trustees and other officers of the health facility are solidarily liable for damages awarded by the court to the patient-complainant.
If death, permanent disability, serious impairment, or for a pregnant woman permanent injury/loss of the unborn child proceeds from denial of admission due to a policy/practice of demanding deposits/advance payments, a presumption of liability arises against the hospital/clinic and the involved officials/medical practitioner/employee.
Initially with the Health Facilities Oversight Board under the Health Facilities and Services Regulatory Bureau (HFSRB) of the DOH. The Board investigates and, after adjudication, imposes administrative sanctions (including license revocation) and can facilitate filing of a criminal case.
No. Administrative adjudication/facilitation by the Board is without prejudice to the patient-complainant’s right to directly institute criminal proceedings in the proper courts.
PhilHealth must reimburse the cost of basic emergency care and transportation services incurred by the hospital/clinic for emergency medical services to poor and indigent patients. The PCSO shall provide medical assistance for basic emergency care needs of the poor and marginalized.
Other expenses incurred in providing basic emergency care to poor and indigent patients not reimbursed by PhilHealth shall be tax deductible.