Duterte hikes penalties for hospitals demanding deposits in emergency cases

President Rodrigo Roa Duterte. SIMEON CELI JR./Presidential Photo

President Rodrigo Duterte has signed into law the bill increasing penalties for hospitals and medical clinics which refuse to administer medical treatment for patients in emergency or serious medical conditions.

Duterte signed on August 3 Republic Act. No. 10932 or “An Act Strengthening the Anti-Hospital Deposit Law. The law amended Batas Pambansa Bilang 702, also known as “An Act Prohibiting the Demand of Deposits or Advance Payments for the Confinement or Treatment of Patients in Hospitals and Medical Clinics in Certain Cases.”

“In emergency or serious cases, it shall be unlawful… to request, solicit, demand, or accept any deposit or any other form of advance payment as prerequisite for administering basic emergency care to any patient,” the new law said.

The law stated that “any official, medical practitioner or employee of a hospital or medical clinic who violates the provision of this act shall, upon conviction by final judgment, be punished by imprisonment of not less than six months and one day but not more than two years and four months, or a fine of not less than P100,000, but not more than P300,000.00 or both at the discretion of the court.”

The law added that “if such violation was committed pursuant to an established policy of the hospital or clinic, or upon instruction of its management, the director or officer of the hospital or clinic responsible for the formulation and implementation of such policy shall, upon the conviction by final judgement, suffer imprisonment of four to six years, or a fine of not less than P500, 000 but not more than P1, 000,000 or both at the discretion of the court.”

Three repeated violations from hospitals may also lead to the castigation of the facility’s license by the Department of Health (DOH).

Hospitals and clinics may only refuse patients “by reason of inadequacy of the medical capabilities.”

Attending physicians are allowed to transfer patients to another facility that can provide appropriate care only after necessary emergency treatment and support has been given to stabilize the patient, the law said. With a report from Airei Kim Guanga, INQUIRER.net trainee.