Anti-hospital detention law: Stronger safeguards get Senate okay

MANILA, Philippines – With 18 affirmative votes, no negative vote and one abstention, the Senate on Monday approved a measure strengthening protection for patients and their families against being kept in hospitals over unpaid medical bills.

Senate Bill No. 1511, or the proposed Enhanced Anti-Hospital Detention Act, expands the protection under Republic Act No. 9439 to relatives, representatives, caregivers and newborn babies, and strengthens rules requiring the release of deceased patients despite unpaid obligations.

Principal author and sponsor Sen. Risa Hontiveros said the measure rests on the principle that unpaid medical debt should never cost patients their liberty.

“Hindi dapat maging bilangguan ang ospital dahil lamang walang pambayad ang pasyente (A hospital should not become a ‘prison’ simply because a patient cannot pay),” Hontiveros said in a statement.

She clarified that the bill does not erase legitimate hospital debts, as financially incapable patients may still be required to execute a promissory note or avail of other mechanisms for settling their obligations.

“Ang utang ay maaaring singilin. Pero ang dignidad at kalayaan ng tao ay hindi maaaring gawing collateral (A debt may be collected, but a person’s dignity and freedom cannot be made collateral),” she said.

Sen. Erwin Tulfo said cases of patients seeking help because they could not leave hospitals over unpaid bills continue to reach his office, with some mothers even forced to leave their newborns behind.

“Ito pong hospital detention na tila hino-hostage po, ika nga, mga pasyente (This hospital detention is like holding patients hostage),” Tulfo said.

Sen. Joel Villanueva, a co-author, highlighted provisions requiring greater transparency in hospital charges so families can better prepare for medical expenses.

“Marami sa ating mga kababayan ang nabibigla at nao-overwhelm sa laki ng kanilang hospital bills (Many of our countrymen are shocked and overwhelmed by the hefty hospital bills),” Villanueva said.

Sen. Mark Villar said existing law has not completely stopped reports of patients, relatives and even human remains being held because of unpaid hospital bills.

“Our fellow Filipinos should not be subjected to this inhumane and humiliating practice,” Villar said.

Sen. Christopher Lawrence “Bong” Go likewise noted that keeping patients confined can worsen their financial burden because hospital charges continue accumulating for every additional day they remain in the facility.

“This has to stop or sana po’y mabigyan po ito ng solusyon (hopefully we can finally provide a solution),” Go said.

Under the bill, financially incapable patients who are medically ready for discharge may leave after executing a promissory note, while qualified indigent patients may use sufficient guarantee letters from the Department of Health or Department of Social Welfare and Development instead.

The measure also raises penalties against responsible hospital officers or employees from PHP100,000 to PHP300,000 or imprisonment of up to two years and four months. Hospital directors or officers who implement an established policy of illegal detention could face fines of PHP500,000 to PHP1 million and imprisonment of four to six years.

Three repeated violations committed under such a hospital policy could lead to revocation of the facility’s license to operate.

Sen. Panfilo “Ping” Lacson cast the chamber’s lone abstention, citing his association with a hospital in Cavite.

“I just would like to change my vote to abstain with the disclosure that I am a founding member of a local hospital in Cavite,” Lacson said. (PNA)

Disclaimer: The comments uploaded on this site do not necessarily represent or reflect the views of management and owner of Cebudailynews. We reserve the right to exclude comments that we deem to be inconsistent with our editorial standards.