Senator Risa Hontiveros on Thursday reiterated the urgent need to pass a bill she filed back in 2022 seeking to increase the punishment for hospitals arbitrarily detaining patients.
Hontiveros issued the call following complaints from family members of deceased patients allegedly barred from leaving a Valenzuela City hospital over failure to pay their bills.
If the complaints are true, Hontiveros said these hospitals are “brazenly committing crimes in broad daylight.”
Hontiveros stressed that it was clear in the law that hospital detention is prohibited and the violator could be prosecuted.
She said the Department of Health (DOH) must take immediate action on the matter and make sure such incidents do not happen again.
Recognizing the need to impose stiffer penalties for hospital detention, Hontiveros earlier filed Senate Bill No. 140 to increase the jail time and fine for officers or employees of health facilities illegally holding up patients and their relatives.
SB No. 140 increases the jail term for such violation from six months and one day to two years and four months, and the penalty from P100,000 to P300,000.
Under Republic Act 9439 or the current anti-hospital detention law, imprisonment is set at one month to six months, while the fine ranges between P20,000 to P50,000. The law only applies to indigent or ward patients and not to those who are admitted in private rooms.
Hontiveros’ bill also imposes an additional penalty of four to six years’ imprisonment and/or a fine of P500,000 to P1 million for directors or officers, who make it a policy at their health facilities or instruct employees to detain patients.
Under the current setup, the DOH applies the “strike three-you’re out” policy on erring health facilities whose license to operate could be revoked.
The anti-hospital detention law was passed way back in 2007.
In addition to stiffer penalties, Hontiveros’ proposed law also seeks to allow guarantee letters from the Social Security System, Government Service Insurance System, or the Philippine Health Insurance Corp. to be used by patients who are members of these institutions instead of a mortgage or guarantee by a co-maker.
The bill also states that indigent patients can just present a guarantee letter from the Department of Social Welfare and Development to cover the payment deficiency.
The measure likewise creates a P100-million Anti-Hospital Detention Assistance Fund to be used to cover unpaid promissory notes issued by the indigent patients.
Funds for this purpose will be charged against current appropriations, to be sourced later from the Medical Assistance for Indigent Patients.