Rules on Hospital Patient Detention for Nonpayment

To implement the provisions of Republic Act No. 9439 effectively through clear administrative guidelines.

Applies to patients admitted in both government and private hospitals and medical clinics.
Excludes patients who stay in private rooms.

Co-Maker: Person liable jointly and severally for outstanding medical bills.
Complaint: Sworn statement charging hospital officials or employees with violation.
Detention: Restraining patients from leaving due to unpaid bills.
Guarantee: Assurance by co-maker that debts will be paid.
Hospital: Health facility for care with bassinets or beds for 24-hour use.
Hospital Bills: Costs including doctors' fees, room charges, medicines, and more.
Medical Clinic: Facility meeting hospital definitions but uses "medical clinic" in name.
Mortgage: Use of property as loan security.
Officer or Employee: Person responsible for patient release.
Patient: Person admitted and receiving care.
Private Room: Single or semi-partitioned rooms not exceeding 4 patients.
Promissory Note: Written unconditional promise to pay a sum certain.

Patients (except those in private rooms) who cannot pay may leave upon signing a promissory note.
Promissory notes must be secured by mortgage or co-maker guarantee.
Surviving relatives of deceased patients must execute promissory notes for issuance of documents except for interment.
Hospitals are prohibited from detaining patients or cadavers for unpaid bills once promissory notes are executed.
Detention criteria clearly defined including patient recovery, discharge order, execution of promissory note, and actual restraint.

Government hospitals must classify patients’ capacity to pay per DOH Administrative Order No. 51-A s. 2000.
Private hospitals to establish their own classification policies.
Assistance should be provided to patients seeking financial aid from government/non-government sources.
Establishment of billing, collection, admission, and discharge procedures required.

Mandatory for patients unable to fully pay before discharge, excluding private room occupants.
Securing promissory notes by mortgage or co-maker required.
Hospitals must have written policies on promissory note execution.

Officers or employees found to detain patients in violation face:
- Fine between P20,000 and P50,000
- Imprisonment from one to six months
- Or both, at the court's discretion.

Inconsistent prior rules and orders are rescinded or amended accordingly.
Invalidity of any provision does not affect other provisions’ validity.
RA 9439 repeals or amends inconsistent provisions of the Revised Penal Code and related laws involving hospitals and medical practitioners.

The implementing rules take effect 15 days after publication in a newspaper of general circulation.