Law Summary
Definitions under the Act
- Emergency: Condition with immediate danger requiring urgent treatment to prevent death, permanent disability, or in pregnant women, permanent injury or loss of unborn child or non-institutional delivery.
- Serious Case: Grave condition which, if unattended, may lead to death, permanent disability, or, in pregnant women, permanent injury or loss of unborn child.
- Basic Emergency Care: Urgent medical response including initial diagnosis, usage of medical equipment, supplies addressing emergency and care for women in active labor.
- Non-institutional Delivery: Delivery of a newborn occurring outside health facilities during transit after initial consultation.
Patient Transfer and Emergency Transportation
- Hospitals may transfer patients after initial treatment, especially indigents, to appropriate facilities.
- Local government units must provide free use of emergency vehicles when hospital ambulances are unavailable.
- A hospital staff nurse with Advanced Cardiovascular Life Support (ACLS) or equivalent certification must accompany the patient during transfer.
- Hospitals must display signage showing their DOH licensing classification and authorized services.
Penalties for Violations
- Individuals (officials, practitioners, employees) refusing treatment or demanding deposits face imprisonment (6 months to 2 years 4 months), or fines (₱100,000 to ₱300,000), or both.
- If violations arise from established hospital policies or management orders, responsible officers face imprisonment (4 to 6 years) or fines (₱500,000 to ₱1,000,000), or both.
- Three repeated violations under such policies prompt revocation of the health facility’s license by the DOH.
- Hospital officials bear solidary liability for damages awarded to patient-complainants.
Presumption of Liability
- Liability is presumed against hospital and involved officials if denial of admission or demand for deposits leads to death, permanent disability, serious health impairment, or, in pregnant women, permanent injury or loss of unborn child.
Health Facilities Oversight Board
- Complaints are initially filed with the Health Facilities Oversight Board (HFOB) under the DOH’s HFSRB.
- The Board consists of representatives from DOH, PhilHealth, Philippine Medical Association, private health institutions, and NGOs advocating patient rights, including a licensed physician.
- The Board investigates claims, imposes administrative sanctions, including license revocation, and facilitates criminal proceedings.
- Patients may also directly file criminal cases in courts.
PhilHealth Reimbursement and Medical Assistance
- PhilHealth reimburses hospitals or clinics for costs of basic emergency care and transportation services provided to poor and indigent patients.
- Philippine Charity Sweepstakes Office (PCSO) provides medical assistance for basic emergency care to marginalized groups.
Tax Deductions for Hospitals
- Expenses incurred by hospitals or clinics for providing basic emergency care not reimbursed by PhilHealth are tax deductible.
Implementing Rules and Regulations
- The DOH, in coordination with PhilHealth and BIR and in consultation with patient rights NGOs, shall promulgate implementing rules within 90 days from effectivity.
Separability Clause
- If any provision is declared unconstitutional or invalid, other unaffected provisions shall remain in full force and effect.
Repealing Clause
- All inconsistent laws, decrees, executive orders, or other issuances are repealed or modified accordingly.
Effectivity
- The Act takes effect 15 days after its publication in the Official Gazette or two newspapers of general circulation.