Hospitals and medical facilities have been reminded to ensure they comply with the standards set by the Department of Health (DOH) following “palit ulo” complaints that allegedly occurred in a private hospital in Valenzuela City.

“The DOH will not tolerate and shall act on any administrative violations by our healthcare institutions,” DOH Secretary Teodoro J. Herbosa said in a statement on Oct. 4.

“We will continue to monitor and enforce compliance across all hospitals and medical facilities to guarantee that they meet the administrative and licensing standards set forth by the Department, prioritizing the welfare of the public at all times,” Herbosa added.

“For alleged violations of statutory laws that require judicial intervention beyond our powers, we urge the concerned parties to seek justice before the proper courts,” he continued.

‘Palit ulo’ complaints

The DOH stated that its Health Facilities and Services Regulatory Bureau (HFSRB) has resolved four complaints of “palit ulo” that allegedly occurred in a private hospital in Valenzuela City.

“The DOH Metro Manila Center for Health Development (MMCHD) conducted thorough investigations regarding the factual circumstances surrounding the complaints lodged as Zafra v. ACE Medical Center Valenzuela, Alvaro v. ACE Medical Center Valenzuela, Magtangob v. ACE Medical Center Valenzuela, and Ignacio v. ACE Medical Center Valenzuela,” the agency noted.

The DOH reported that its HFSRB at the Central Office “carefully referred to applicable law and jurisprudence to arrive at its decisions.”

“While all four claims have varied circumstances, they shared common allegations that the private hospital unlawfully detained relatives of patients until outstanding medical bills were settled,” the DOH added.

The DOH explained that the practice, colloquially referred to as “palit ulo,” involved requiring relatives of patients to have a replacement person present if they wished to leave the premises for necessities.

“On September 18, 2024, the HFSRB found ACE Medical Center Valenzuela not guilty in two of the complaints regarding alleged detention – Alvaro v. ACE Medical Center Valenzuela and Magtangob v. ACE Medical Center Valenzuela,” the DOH stated.

The DOH clarified that the HFSRB determined that Republic Act No. 9439, or the Anti-Hospital Detention Law, is “of a penal nature, well beyond the limited administrative powers” of the agency.

“The two cases were dismissed because the DOH is not the appropriate government tribunal with the power to enforce the Anti-Hospital Detention Law,” the DOH added.

Meanwhile, the DOH noted that the HFSRB found “ACE Medical Center Valenzuela liable in the Zafra and Ignacio cases.”

“In the Zafra case, the HFSRB found that ACE Medical Center Valenzuela failed to register the birth of the complainant’s daughter because of an outstanding bill,” the DOH explained.

“This prevented the child from enrolling in school, thus violating DOH Department Circular No. 2020-0120 and Administrative Order No. 2012-0012, which mandate that all hospitals must register births, regardless of the financial status of the parents,” it added.

In the Ignacio case, the DOH stated that the HFSRB “found that the hospital misrepresented a room with two beds but without a partition as a private room and failed to comply with the interim guidelines on step-down care for Covid-19 response” as outlined in its Department Memorandum No. 2020-0178.

“Consequently, the DOH has imposed an administrative fine of P30,000 on ACE Medical Center Valenzuela as a penalty for the second offense of noncompliance with the standards set by the Department,” the health department said.