Press Release
May 5, 2007

SEN. PIA WELCOMES PASSAGE OF "HOSPITAL DETENTION LAW"

It will now be unlawful for any hospital or medical clinic to detain patients who have fully or partially recovered or who have died for reason of non-payment of hospital bills and medical expenses.

This was announced by Senator Pia S. Cayetano as she welcomed the recent passage of Republic Act 9439, "An Act prohibiting the detention of patients in hospitals and medical clinics on grounds of nonpayment of their hospital bills or medical expenses." The bill was approved by the two chambers of Congress before going on recess last month and was signed into law by the President last week.

"It's a landmark law that is long overdue," declared Cayetano, Chairperson of the Senate Committee on Health and Demography and one of the principal sponsors of the measure in the Senate, along with Senators Manuel Villar and Sergio Osmea III.

"This law seeks to address the unjustifiable practice of some hospitals which refuse to discharge patients merely because they are unable to fully settle their hospital bills. In the process, their bills and expenses continue to pile up, which further prolongs their detention and even puts them at risk of infection as they are forced to stay with sick patients inside the hospital."

Cayetano said the new law will also benefit surviving relatives of patients who had died in the hospital but whose remains are being withheld by the latter pending full payment of their hospital bills.

Popularly known as the "Hospital Detention Law," RA 9439 will now allow patients in such situations to be discharged from the hospital upon executing a promissory note covering the unpaid obligation. The promissory note should be secured by a mortgage or by a guarantee of a co-maker, who will be jointly and severally liable with the patient for the unpaid obligation.

The law, she adds, does not preclude hospitals from exploring other modes of settlement between hospital and its patients.

"This issue is close to my heart and my father's (the late Senator Compañero Rene Cayetano) since it is one of the most common complaints we received from listeners as hosts of the radio show, Compañero y Compañera," shares the senator, referring to the legal advice program made popular by her lawyer-father in the nineties.

"At its core, this law recognizes the people's basic right to quality affordable medical services. Hospitals and medical clinics should be a place for recovery and wellness and should not be turned into detention centers for patients whose only 'fault' is their failure to cope with the rising cost of drugs and medical services," the lady senator stressed.

She pointed out that the law applies only to charity patients and does not cover patients in private rooms. This is in response to concerns aired by the Philippine Hospital Association that the law could be abused in situations where a rich patient masquerades as an indigent to avoid payment, or where an indigent purposely registers as a paying patient but can't afford to pay.

She also hopes the new law will facilitate better coordination between hospitals and institutions helping indigent patients, such as the Philippine Health Insurance Corp. (PhilHealth), Philippine Charity Sweepstakes Office (PCSO) and Philippine Gaming Corporation (Pagcor), among others.

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