Definitions Relevant to Application of the Law
- Emergency: Condition with immediate danger requiring prompt medical action to avoid death or permanent disability.
- Serious Case: Condition posing grave danger that could lead to death or permanent disability if untreated.
- Confinement: Admission for diagnosis, observation, or treatment within hospital capability.
- Hospital: Licensed institution primarily for diagnosis, treatment, and prolonged patient care.
- Emergency Treatment and Support: Medical or surgical measures to prevent death or permanent disability, aligned with hospital capabilities.
- Medical Clinic: Facility providing outpatient medical consultation and treatment.
- Permanent Disability: Physical disability as defined under the Labor Code.
- Stabilize: Provision of necessary care to ensure no physical deterioration before discharge or transfer.
Guidelines on Patient Transfer
- Transfers should preferably be to government hospitals, especially for poor or indigent patients.
- Transferring and receiving hospitals should be within a 10-kilometer radius when practicable.
- Transfers must be properly documented.
- Deposits may be required once patient is no longer in emergency state and refuses transfer.
Documentation Requirements for Transfers
- Use of a Uniform Discharge/Transfer Slip including:
- Admission form from the transferring hospital.
- Transfer form detailing vital signs, attending physician, treatment given, receiving hospital and contact persons.
- Consent from patient or companion; transfer without consent allowed for unaccompanied or unconscious patients under conditions.
- Documentation of refusal to transfer with reasons.
Penal Provisions for Violation
- Imprisonment from 6 months and 1 day to 2 years and 4 months, or fines from P20,000 to P100,000, or both for violating individuals.
- If violation is due to hospital or clinic policy or instruction, responsible officers face imprisonment of 4 to 6 years, fines from P100,000 to P500,000, or both.
Institutional Responsibilities and Compliance Measures
- Display copies of the law and rules prominently in emergency rooms, admission counters, and clinic premises.
- Establish billing procedures that only commence after essential emergency treatment is given.
- Personnel must be instructed to provide immediate care without pre-payment demands.
- Law covers only medical and surgical services; non-medical amenities not covered and subject to separate business practices.
- Violations can be reported to the Department of Health's Bureau of Licensing and Regulation or regional health offices for investigation and prosecution.
- Administrative sanctions like suspension or revocation of licenses can be imposed on offending hospitals or clinics.
Effectivity
- The Rules and Regulations took effect 15 days after publication in the Official Gazette or a newspaper of general circulation.