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.

Law Summary

Patient Rights and Financial Arrangements

  • Patients who have recovered and are financially incapable of settling their hospital bills, including professional fees and medicines, may leave the hospital or clinic.
  • Patients have the right to demand the issuance of medical certificates and other relevant documents upon leaving.
  • They must execute a promissory note covering any unpaid obligations.
  • The promissory note must be secured either by:
    • A mortgage, or
    • A co-maker guarantee, with the co-maker jointly and severally liable.
  • In the case of deceased patients, death certificates and other necessary documents for interment are to be released to surviving relatives upon request.
  • Patients admitted to private rooms are excluded from these provisions.

Penalties for Violations

  • Hospital officers or employees responsible for releasing patients who violate this law face penalties.
  • Punishments include:
    • A fine ranging from P20,000 to P50,000,
    • Imprisonment from one to six months, or
    • Both fine and imprisonment, at the court's discretion.

Implementation and Regulatory Authority

  • The Department of Health (DOH) is tasked with creating rules and regulations to enforce the law's provisions.

Severability Clause

  • If any part of the law is declared unconstitutional or void, other provisions remain effective.

Repealing Clause

  • Laws, decrees, orders, rules, and regulations inconsistent with this Act are repealed or amended accordingly.

Effectivity

  • The law takes effect 15 days after its publication in two national newspapers of general circulation.

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