Title
Prohibiting deposit for emergency hospital treatment
Law
Doh Administrative Order No. 89
Decision Date
Mar 20, 1990
The Implementing Rules and Regulations of BP 702 prohibits hospitals and medical clinics from demanding deposits or advance payments for emergency or serious cases, with violations subject to criminal prosecution and potential license suspension or revocation.
A

Definitions Critical to Implementation

  • Hospital: Defined broadly as institutions primarily for diagnosis, treatment, care of illnesses, injuries, and obstetrical needs, including beds for 24-hour or longer patient use; includes convalescent and sanatorial facilities.
  • Medical Clinic: Facility providing evaluation and treatment services.
  • Director, Manager, or Officer: Any employee acting on behalf of the hospital or clinic to implement policies or procedures.
  • Demand for Deposit or Advance Payment: Any request or requirement for cash or kind payment before diagnosis or treatment.
  • Emergency: Sudden medical condition posing immediate danger where treatment delay may result in loss of life.
  • Serious Case: Medical condition posing grave danger and risk of life if unattended.
  • Confinement: The process or state of being admitted in a hospital for diagnosis, treatment, or observation.
  • Treatment: Medical or surgical regimen aimed at preventing death or organ damage and restoring stable bodily functions.

Measures to Ensure Compliance

  • Hospitals and clinics must prominently display the law and its rules in emergency rooms, admission counters, and clinic premises.
  • Personnel must provide prompt treatment for emergencies and serious cases without requiring advance payment.
  • Billing procedures may only commence after essential appropriate treatment, defined as the necessary medical actions to stabilize the patient within the facility’s capability.
  • The law covers only medical and surgical services; payment for non-medical amenities like accommodation or companion meals is excluded and governed by institutional policies.

Reporting and Enforcement

  • Violations can be reported to the Bureau of Licensing and Regulations (BLR) or local health offices.
  • The BLR investigates, with findings referred to the fiscal for criminal prosecution.
  • Convicted persons are punished per the Act’s provisions.

Administrative Sanctions

  • The BLR may initiate administrative proceedings against violating institutions, potentially leading to suspension or revocation of licenses.

Effectivity

  • These implementing rules and regulations take effect 15 days after official publication in the Official Gazette or a newspaper of general circulation.

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