Anti-Hospital Deposit Law Rules and Penalties

Emergency: A condition requiring immediate medical treatment to prevent death, permanent disability, or, in pregnant women, injury or loss of unborn child, or non-institutional delivery.
Serious Case: A grave condition posing risk to life or permanent harm if untreated.
Confinement: Hospital admission for observation, diagnosis, testing, or treatment within hospital capabilities.
Hospital: Licensed facility primarily for diagnosis, treatment, and care of illness, injury, or deformity, including obstetrical care.
Medical Clinic: Outpatient facility providing medical consultations and treatments.
Permanent Total/Partial Disability: Defined by Labor Code provisions on disability.
Stabilize: Patient care until discharge or transfer with no expected physical deterioration.
Basic Emergency Care: Immediate medical response including initial diagnosis and treatment necessary in emergencies and active labor.
Non-institutional delivery: Newborn delivery outside health facility after initial consultation.
Poor/Indigent: Income below poverty threshold or officially identified by DSWD.
Unidentified Poor/Indigent: Poor sector members not included in DSWD master list.
Marginalized: Groups disadvantaged due to poverty, geography, culture, or other factors limiting access to opportunities.

Transfers must be to the nearest higher-level facility and properly coordinated and documented.
Emergency transport must be accompanied by a staff nurse with advanced certification.
When emergency state ceases, hospital internal policies apply.
Local government units (LGUs) must provide free emergency vehicles if hospital ambulances are unavailable via hotline and MOA arrangements.
Use of a Uniform Discharge/Transfer Slip detailing vital signs, attending physician, treatment, receiving facility, and patient consent.
Transfers without consent allowed if patient is minor, unconscious, or incompetent, with efforts to contact next of kin.
Refusal of transfer must be documented with reasons and personnel involved.
Hospitals must post license and complete service list conspicuously.

Violators face imprisonment of 6 months and 1 day to 2 years and 4 months, or fines of P100,000 to P300,000, or both.
If violation is pursuant to an established hospital policy or management instruction, penalties increase to 4-6 years imprisonment and fines of P500,000 to P1,000,000.
Three repeated violations under such policy result in license revocation.
Hospital officials are solidarily liable for damages.

Liability presumed if denial of admission is due to policy/practice of demanding deposits and causes death, permanent disability, serious health impairment, or, in pregnant women, permanent injury or loss of unborn child.
Presumption may be contested by showing absence of any requisite conditions.

Complaints filed with Health Facilities Oversight Board (HFOB) under DOH’s HFSRB.
Board members include DOH Director (Chair), PhilHealth, Philippine Medical Association, private health institutions, and NGOs advocating patient rights.
Functions: investigate complaints, impose sanctions, facilitate criminal proceedings, develop rules/procedures, and implement activities.

PhilHealth reimburses hospitals for emergency care and transportation services for poor and indigent patients under set packages.
PhilHealth membership guarantees treatment without deposit.
Financial status certified by licensed medical social workers; Point of Service enrollments coordinated with government.
PCSO provides medical assistance for emergency care expenses of poor and marginalized.
Unreimbursed emergency care costs deductible from gross sales for tax purposes per BIR regulations.

Hospitals and clinics must prominently display the law and implementing rules in emergency rooms, admission counters, and clinics.
Hospital managers must direct staff to promptly provide care without prior payment demand.

Provisions apply only to medical and surgical goods and services related to emergency or serious cases.
Non-medical amenities not related to treatment are subject to normal institutional business practices.

Separability clause ensures validity of other provisions if any are declared invalid or unconstitutional.
Rules repeal previous inconsistent administrative orders.
Rules take effect 15 days after publication in the Official Gazette or widely circulated newspaper.