Manila Bulletin
House leader warns hospitals, medical clinics against withholding death certificates
House leader warns hospitals, medical clinics against withholding death certificates
House leader warns hospitals, medical clinics against withholding death certificates
Published Oct 30, 2019 02:31 pm
By Charissa Luci-Atienza
Bohol Rep. Erico Aristotle Aumentado has warned hospitals and medical clinics against withholding the death certificates of deceased patients due to non-payment of hospital bills, professional fees, and other medical expenses.
(MANILA BULLETIN FILE PHOTO)
The House leader issued a stern warning, after breathing life into his measure penalizing the refusal of hospital or medical clinic to issue the death certificate of the deceased patient.
"There are many reported cases wherein the family of the deceased patient fails to accord the decent proper wake and burial because the hospital has not issued the necessary death certificate for unpaid hospital bills," he said.
“This situation causes additional pain and suffering to the grieving family of the deceased especially to those who cannot pay the bill," the chairman of the House Committee on Science and Technology said.
Aumentado filed House Bill 3711 seeking to make unlawful for any hospital or medical clinic to withhold the death certificate and other pertinent documents of a deceased patient due to non-payment of hospital bills, professional fees and other medical expenses.
He noted that a death certificate is an important legal document, as it provides information on the cause of death and serves as a record and evidence on the occurence of death.
"Under Section 6 of Act No. 3753 or the Law on Registry of Civil Status, "No human body shall be buried unless the proper death certificate has been presented and recorded in the Office of the Local Civil Registrar." Thus, a death certificate is required for the burial or cremation of a deceased person," he said.
He also explained that Republic Act 9439 prohibits the detention of patients in hospital and medical clinics on grounds of non-payment of hospital bills or medical clinics and provides the release of death certificates of the deceased patients to any of their surviving relatives.
"However, the law does not apply to patients who stayed in the private rooms. This could be the reason why some hospitals, especially private hospitals, withhold the issuance of the death certificate of the deceased patient unless the hospital bills, professional fees and other medical expensez incurred by the patient have been fully paid," the House leader pointed out.
House Bill 3711 provides that notwithstanding the unpaid obligation of the patient, the hospital or medical clinic shall issue the death certificate to the surviving relatives of the deceased within three working days after receipt of the request, the bill said.
"Without the death certificate, the family is precluded from filing the legal actions to claim the insurance and death benefits of the deceased and the processes to transfer property or settle the estate of the deceased,” Aumentado said.
Any hospital or medical clinic who fails or refuse to issue the death certificate of the deceased patient shall pay a fine ranging from P100,000 to P500,000, HB 3711 provides.
While, the officer or employee responsible for the order not to release and issue the death certificate shall suffer the penalty of one-month to six months imprisonment, the bill said.
“This bill aims to ensure the release of the death certificate even from private hospitals and medical clinics, to give due dignity to the dead and allow the bereaved family and relatives to proceed and claim their rights under the law as survivors of the deceased,” Aumentado said.
The bill tasks the Secretary of Health to promulgate the necessary rules and regulations for the implementation of the proposed Act within 60 days from its approval.
(MANILA BULLETIN FILE PHOTO)
The House leader issued a stern warning, after breathing life into his measure penalizing the refusal of hospital or medical clinic to issue the death certificate of the deceased patient.
"There are many reported cases wherein the family of the deceased patient fails to accord the decent proper wake and burial because the hospital has not issued the necessary death certificate for unpaid hospital bills," he said.
“This situation causes additional pain and suffering to the grieving family of the deceased especially to those who cannot pay the bill," the chairman of the House Committee on Science and Technology said.
Aumentado filed House Bill 3711 seeking to make unlawful for any hospital or medical clinic to withhold the death certificate and other pertinent documents of a deceased patient due to non-payment of hospital bills, professional fees and other medical expenses.
He noted that a death certificate is an important legal document, as it provides information on the cause of death and serves as a record and evidence on the occurence of death.
"Under Section 6 of Act No. 3753 or the Law on Registry of Civil Status, "No human body shall be buried unless the proper death certificate has been presented and recorded in the Office of the Local Civil Registrar." Thus, a death certificate is required for the burial or cremation of a deceased person," he said.
He also explained that Republic Act 9439 prohibits the detention of patients in hospital and medical clinics on grounds of non-payment of hospital bills or medical clinics and provides the release of death certificates of the deceased patients to any of their surviving relatives.
"However, the law does not apply to patients who stayed in the private rooms. This could be the reason why some hospitals, especially private hospitals, withhold the issuance of the death certificate of the deceased patient unless the hospital bills, professional fees and other medical expensez incurred by the patient have been fully paid," the House leader pointed out.
House Bill 3711 provides that notwithstanding the unpaid obligation of the patient, the hospital or medical clinic shall issue the death certificate to the surviving relatives of the deceased within three working days after receipt of the request, the bill said.
"Without the death certificate, the family is precluded from filing the legal actions to claim the insurance and death benefits of the deceased and the processes to transfer property or settle the estate of the deceased,” Aumentado said.
Any hospital or medical clinic who fails or refuse to issue the death certificate of the deceased patient shall pay a fine ranging from P100,000 to P500,000, HB 3711 provides.
While, the officer or employee responsible for the order not to release and issue the death certificate shall suffer the penalty of one-month to six months imprisonment, the bill said.
“This bill aims to ensure the release of the death certificate even from private hospitals and medical clinics, to give due dignity to the dead and allow the bereaved family and relatives to proceed and claim their rights under the law as survivors of the deceased,” Aumentado said.
The bill tasks the Secretary of Health to promulgate the necessary rules and regulations for the implementation of the proposed Act within 60 days from its approval.