Title
Prohibits hospital detention for unpaid bills
Law
Republic Act No. 9439
Decision Date
Apr 27, 2007
The Hospital Detention Act in the Philippines prohibits hospitals from detaining patients for nonpayment of medical expenses, allowing patients to leave if they are unable to pay and requiring a promissory note for unpaid obligations, with violators facing fines or imprisonment.

Prohibited detention for nonpayment

  • Section 1 makes it unlawful for any hospital or medical clinic to detain or cause, directly or indirectly, the detention of patients.
  • Section 1 prohibits detention on the ground of nonpayment of hospital bills or medical expenses, whether fully or partially unpaid.
  • Section 1 covers patients who have fully or partially recovered, who have been adequately attended to, who may have died, and who are detained “for reasons of nonpayment” of the relevant expenses.

Patients allowed to leave upon promissory note

  • Section 2 provides that patients who fully or partially recovered and wish to leave but are financially incapable of settling their hospitalization expenses must be allowed to leave.
  • Section 2 grants these patients a right to demand the issuance of the corresponding medical certificate and other pertinent papers required for the release of the patient.
  • Section 2 allows release upon the patient’s execution of a promissory note covering the unpaid obligation, including professional fees and medicines.
  • Section 2 requires the promissory note to be secured by either:
    • a mortgage, or
    • a guarantee of a co-maker.
  • Section 2 states that in the case of a co-maker, the co-maker is jointly and severally liable with the patient for the unpaid obligation.
  • Section 2 provides that for a deceased patient, the death certificate and other documents required for interment and other purposes must be released to any surviving relatives requesting the documents.

Private-room patients excluded

  • Section 2 excludes from the Act patients who stayed in private rooms.

Criminal/penal liability for release officers

  • Section 3 imposes penalties on any officer or employee of the hospital or medical clinic responsible for releasing patients who violates Republic Act No. 9439.
  • Section 3 authorizes punishment by a fine of not less than PHP 20,000.00 but not more than PHP 50,000.00.
  • Section 3 authorizes punishment by imprisonment of not less than one month but not more than six months.
  • Section 3 permits courts to impose either fine or imprisonment or both, at the court’s discretion.

Implementing rules and regulations

  • Section 4 directs the Department of Health to promulgate the necessary rules and regulations to carry out Republic Act No. 9439.

Separability and effect of invalidity

  • Section 5 provides that if any provision of Republic Act No. 9439 is declared void and unconstitutional, the remaining provisions not affected remain in full force and effect.

Repeal of inconsistent laws

  • Section 6 repeals or amends, accordingly, all laws, decrees, orders, rules and regulations, or parts thereof, that are inconsistent with Republic Act No. 9439.

Legislative approval dates

  • Republic Act No. 9439 states that it originated in the House of Representatives and was finally passed by the House on June 7, 2005, and by the Senate on February 19, 2007.

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