Stiffer penalties sought vs hospitals for detaining patients

MANILA, Philippines — Sen. Risa Hontiveros has filed a bill seeking to increase the penalty against hospitals, medical clinics and similar facilities that detain and hold patients, even those in private rooms, and cadavers for nonpayment of bills and medical expenses.

Hontiveros, chair of the Senate committee on women, children, family relations and gender equality, said the passage of Senate Bill 1937 into law would strengthen Republic Act 9439.

Under the law, patients who have partially recovered and who wish to leave the hospital or clinic but are financially incapable to settle their hospitalization expenses are allowed to leave by executing a promissory note covering their unpaid obligation.

The promissory note is secured by a mortgage or guarantee of a co-maker who will be jointly and severally liable with the patient for the unpaid obligation.

But the law does not cover patients who are admitted in private rooms.

The law also prohibits hospitals and clinics from withholding the issuance of medical certificate and other pertinent papers required for the release of the patient upon the execution of a promissory note.

Hontiveros said patients who are members of the Philippine Health Insurance Corp., Social Security System and Government Service Insurance System may secure a guarantee letter from any of these agencies in lieu of a mortgage or guarantee from a co-maker under the proposed legislation.

Indigent patients may secure a guarantee letter from the Department of Social Welfare and Development, Hontiveros said.