Manila Bulletin
Hontiveros files bill to strengthen 2007 law; No hospital has been charged under old law for detention of patients
Hontiveros files bill to strengthen 2007 law; No hospital has been charged under old law for detention of patients
Hontiveros files bill to strengthen 2007 law; No hospital has been charged under old law for detention of patients
Published Oct 15, 2019 04:37 pm
By Vanne Elaine Terrazola
No hospital was charged for violating the 2007 law which prohibits the detention of patients due to nonpayment of bills, despite the number of reported illegal hospital detention cases almost doubling in the past two years, said the Department of Health (DOH).
This was bared when the Senate Committee on Health and Demography tackled Monday the Senate Bill No. 166 or the proposed Strengthened Anti-Hospital Detention Law.
Sen. Risa Hontiveros
(Senate of the Philippines / File Photo / MANILA BULLETIN) The bill, authored by Senator Risa Hontiveros, seeks to strengthen the Republic Act No. 9436 and impose stiffer penalties against hospitals and clinics that detain live patients, as well as those deceased, whose families have difficulty settling their hospital bills. At the hearing, Dr. Rosendo Sualog, medical specialist from the DOH, said there were 726 reported hospital detention cases in 2018. Sualog, however, said that no hospital was officially held liable for detaining the patients. "When we wrote to the hospitals, the hospital immediately released . Practically there was no violation of the Republic Act 9439," Sualog told the Senate panel. He also said this for the 457 cases recorded in 2017, as some patients also sought the Public Attorneys’ Office who demanded from the hospitals the release of the detained patients. "And most, all of the cases, the patients were released," Sualog said. The DOH said that families merely ask for assistance for the release of their relatives and no longer pursue their complaints against the hospitals. Sualog said most of the hospital detention cases involved patients who are confined in private rooms, because RA 9439 does not cover patients who stayed in private rooms. "The law does not cover patients who stay in private rooms, and there are patients unable to pay bills for the private room. There are also those who do not cooperate, such as when they fail to execute a promissory note. Some misinterpret the law," he said, when asked by Senator Christopher Go, health committee chairman, who lamented that families still seek his help despite the presence of the law. Hontiveros raised concern that the figures will further increase if the government does not hold the hospitals accountable. "No hospitals were held liable that is why the number of cases almost doubled. I fear that it would double further in the following years," Hontiveros said in a mix of English and Filipino. RA 9439, enacted in April 2007, penalizes hospital officials who detain patients with a fine ranging from P20,000 to P50,000, or imprisonment of not less than one month, but not more than six months, or both, at the discretion of the court. Under Hontiveros' bill, hospital administrators could be slapped with up to six years of imprisonment and a fine of P 1 million for detaining patients and cadavers due to financial incapacity. The measure also proposes to revoke the licenses of erring hospitals. The DOH and other concerned agencies during the hearing expressed support for the bill.
Sen. Risa Hontiveros(Senate of the Philippines / File Photo / MANILA BULLETIN) The bill, authored by Senator Risa Hontiveros, seeks to strengthen the Republic Act No. 9436 and impose stiffer penalties against hospitals and clinics that detain live patients, as well as those deceased, whose families have difficulty settling their hospital bills. At the hearing, Dr. Rosendo Sualog, medical specialist from the DOH, said there were 726 reported hospital detention cases in 2018. Sualog, however, said that no hospital was officially held liable for detaining the patients. "When we wrote to the hospitals, the hospital immediately released . Practically there was no violation of the Republic Act 9439," Sualog told the Senate panel. He also said this for the 457 cases recorded in 2017, as some patients also sought the Public Attorneys’ Office who demanded from the hospitals the release of the detained patients. "And most, all of the cases, the patients were released," Sualog said. The DOH said that families merely ask for assistance for the release of their relatives and no longer pursue their complaints against the hospitals. Sualog said most of the hospital detention cases involved patients who are confined in private rooms, because RA 9439 does not cover patients who stayed in private rooms. "The law does not cover patients who stay in private rooms, and there are patients unable to pay bills for the private room. There are also those who do not cooperate, such as when they fail to execute a promissory note. Some misinterpret the law," he said, when asked by Senator Christopher Go, health committee chairman, who lamented that families still seek his help despite the presence of the law. Hontiveros raised concern that the figures will further increase if the government does not hold the hospitals accountable. "No hospitals were held liable that is why the number of cases almost doubled. I fear that it would double further in the following years," Hontiveros said in a mix of English and Filipino. RA 9439, enacted in April 2007, penalizes hospital officials who detain patients with a fine ranging from P20,000 to P50,000, or imprisonment of not less than one month, but not more than six months, or both, at the discretion of the court. Under Hontiveros' bill, hospital administrators could be slapped with up to six years of imprisonment and a fine of P 1 million for detaining patients and cadavers due to financial incapacity. The measure also proposes to revoke the licenses of erring hospitals. The DOH and other concerned agencies during the hearing expressed support for the bill.