Hospitals that detain patients for non-payment of bills could receive stiffer penalties, including revocation of operating license, if and when a measure filed by Akbayan Party-list Rep. Perci Cendaña gets Congress' nod.

Cendaña on Thursday, Jan. 23, filed House Bill (HB) No. 11329, which sought to amend existing laws by imposing stiffer penalties on hospitals and medical facilities, or any other similar facility that detain patients, their relatives, or the remains of the deceased for the non-payment of their hospital bills.

Under the current law, Republic Act (RA) No. 9439, the detention of patients, their relatives or the remains of the deceased patients are prohibited. Its violation is punishable with a fine ranging from P20,000 to P50,000 or an imprisonment of at least one month to six months, or both.

But Cendaña wants the law to impose stiffer penalties. 

Under his proposed "Pinalakas na Anti-Hospital Detention Law", any medical officer or employee proven guilty for detaining patients or their relatives may be imprisoned for up to two years.

They are also legally obligated to pay a fine of P100,000 to P300,000.

The bill also proposes the potential revocation of the operational license of medical facilities with policies on patient detention and to detain or fine its director or implementing officer.

"Ang ospital ay lugar gamutan, hindi kulungan. Hindi krimen ang magkasakit (Hospitals are a place for recovery, and not a detention. It is not a crime to get sick) It is outrageous for such hospitals to detain patients for non-payment of their bills. Hospitals and medical facilities’ primary concern must be to deliver care and treatment. Hindi krimen ang magkasakit. Kaya bakit natin sila ikukulong? (It is not a crime to get sick. Why should we detain them?)" Cendaña said.

"Doble dobleng trahedya ang inaabot ng ating mga pasyente lalo yung mga emergency cases o may lubhang sakit sa ganitong kalakaran. Nagkasakit ka na nga tapos ikukulong ka pa dahil hirap ka sa pagbayad (It's already a double tragedy for patients, especially those with emergency cases, if we will still detain them afterwards for not being able to pay)," he added. 

The bill proposes that patients or their relatives with unpaid bill may submit a promissory note with a guarantee letter from the Government Service Insurance System (GSIS), Social Security System (SSS) or PhilHealth.