A lawmaker on Thursday proposed penalties of up to P500,000 and jail terms of up to six years for officials of hospitals and clinics that detain patients and cadavers due to unpaid bills.
Akbayan Rep. Perci Cendaña filed House Bill 11329, citing reports of the continuing illegal practice despite the enforcement of Republic Act 9439, the Anti-Hospital Detention Law, which has been in effect for nearly 18 years.
“Hospitals and medical facilities’ primary concern must be to deliver care and treatment. Getting ill is not a crime. So why should we detain them?” Cendaña said.
He lamented, “Patients, especially those who are in emergency cases or who are very sick, have to deal with a double tragedy due to this trend. A hospital is a place of treatment, not a prison. It is outrageous for hospitals to detain patients for non-payment of their bills.”
Cendaña emphasized the need for a new law that would strengthen existing policies and eradicate the practice, proposing not only higher penalties but also the revocation of hospital licenses for violations.
House Bill 11329, or the “Pinalakas na Anti-Hospital Detention Law,” seeks to amend RA 9439 by increasing the penalties for hospitals, medical clinics, and similar facilities that detain patients unable to pay their bills.
The proposed measure defines “detention” as barring a patient or their relative, as well as the cadaver of a deceased patient, from leaving a hospital due to financial inability to settle the hospital bill in full or in part.
Under the bill, medical personnel and employees found guilty may face imprisonment of up to two years and a fine ranging from P100,000 to P300,000. Hospitals and clinics guilty of detention may have their operating licenses revoked.
Facility directors and implementing officers may face up to six years imprisonment and fines between P500,000 and P1 million.
The bill also provides for the acceptance of guarantee letters from the Government Service Insurance System, Social Security System, and Philippine Health Insurance Corporation, along with promissory notes to cover the unpaid financial obligations.
With deceased patients, the proposed measure mandates the release of the remains to their relatives, along with the issuance of the corresponding death certificate and other documents required for interment, social security claims and legal proceedings.
In addition, the bill requires the mandatory release of the remains of deceased Muslims and indigenous people to their families within 24 hours of death, in accordance with their cultural and religious practices.
Similar measures were filed in the Senate last year by Senators Risa Hontiveros and Jinggoy Estrada but remain pending at the committee level.
All these measures stress the constitutional right that “no person shall be imprisoned for debt.”