Press Release
August 19, 2014

Nancy urges strict monitoring, implementation of DOH policies
...calls for probe on death of critically ill child denied hospital entry

Senator Nancy Binay has filed a resolution calling for an inquiry on the alleged refusal of hospitals to admit persons in need of immediate medical attention and to discharge patients when unable to provide deposit or payment of hospital dues, respectively.

The senator filed Senate Resolution No. 837 as response to information about a certain hospital's alleged refusal to admit a child that was suffering from congenital heart disease, diabetes and kidney problems because the mother could not pay for the admission deposit for the intensive care unit in full.

The refusal of the Butuan Doctors Hospital to admit 10-year-old Jannary "Yanna" Chan reportedly led to her death as her mother, Tutz Salarda-Chan along with two nurses from the San Francisco Doctors Hospital from Agusan del Sur, tried to find a hospital that would treat her critically ill child.

"Lives are put on the line when hospitals refuse to admit patients who are critically ill. Marami na pong kaso ng mga pasyente na itinataboy dahil walang pang-deposit o hindi dinidischarge hangga't hindi mabayaran ang bill nila sa ospital. Ang practice po na ito ay hindi tama at may batas ho tayo dito na nagsasaad na hindi maaaring itaboy ng ospital ang mga pasyente na kritikal ang kondisyon," Binay said.

The senator cited Article XIII, Section I of the 1987 Philippine Constitution which said that "The Congress shall give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social economic, and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power of the common good."

Senator Binay also pointed out that Republic Act No. 8344, Section I states that "In emergency or serious cases, it shall by unlawful for any proprietor, president, director, manager or any other officer, and/or medical practitioner of employee of a hospital or medical clinic to request, solicit, demand or accept any deposit or any other form of advance payment as a prerequisite for confinement or medical treatment of a patient in such hospital or medical clinic or to refuse to administer medical treatment and support as dictated by good practice of medicine to prevent death or permanent disability."

Furthermore, R.A. 9439, Section I, provides: "It shall be unlawful for any hospital or medical clinic in the country to detain or to otherwise cause, directly or indirectly, the detention or patients in the country who have fully or partially recovered or have been adequately attended to or who may have died, for reasons of nonpayment in part or in full of hospital bills or medical expenses."

"These are the laws on healthcare in the country and yet, it seems that the Department of Health has been lax in ensuring that hospitals comply. The 1987 Constitution, clearly states that we have to look into cases like the death of this 10-year-old child.

"Meanwhile R.A. 8344 and R.A. 9439 prove that hospitals should not be implementing unjust practices. Sinasabi po sa batas na karapatan po ng mamamayang Pilipino ang mabigyan serbisyong medikal, isa po ito sa mga bagay na dapat siguraduhin ng ating gobyerno at sana po ay suportahan natin ang mga hakbang upang maisakatuparan ito," Binay said.

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