Dear PAO,
Yesterday, my cousin was accidentally hit by a van. He sustained different fractures and life-threatening injuries. We immediately brought him to the nearest health facility, a private hospital, and was informed that he needed to undergo immediate surgery. However, the hospital staff informed us that they cannot perform the medical procedure unless we made an advance payment of P100,000.00. Unfortunately, our family does not have the money. We tried to locate the driver who caused the accident to seek financial help, but to no avail. Is it right for the hospital to refuse treatment of my cousin if we cannot provide the advance payment?
Alice
Dear Alice,
Republic Act 10932 (RA 10932), also known as the Anti-Hospital Deposit Law, prohibits hospitals and other health care facilities from demanding advance payments before providing basic emergency care to a patient in the brink of death or serious injury. Section 1 of the said law expressly states:
“Sec. 1. In emergency or serious cases, it shall be unlawful for any proprietor, president, director, manager or any other officer and/or medical practitioner or 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 administering basic emergency care to any patient, 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, or in the case of a pregnant woman, permanent injury or loss of her unborn child, or noninstitutional delivery. Xxx”
Thus, in applying the foregoing, the private hospital you went to cannot lawfully deny your cousin’s emergency treatment solely because of your family’s inability to pay the upfront cost. In fact, any health care provider as well as the medical practitioner, official, or employee who violates the same provision may be punishable by imprisonment and/or a fine not exceeding One Million Pesos (P1,000.000.00), to wit:
“Sec. 4. Any official, medical practitioner or employee of the hospital or medical clinic who violates the provisions of this Act shall, upon conviction by final judgment, be punished by imprisonment of not less than six (6) months and one (1) day but not more than two (2) years and four (4) months, or a fine of not less than One hundred thousand pesos (₱100,000.00), but not more than Three hundred thousand pesos (₱300,000.00) or both, at the discretion of the court : Provided, however, 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 such hospital or clinic responsible for the formulation and implementation of such policy shall, upon conviction by final judgment, suffer imprisonment of four (4) to six (6) years, or a fine of not less than Five hundred thousand pesos (₱500,000.00), but not more than One million pesos (₱1,000,000.00) or both, at the discretion of the court, without prejudice to damages that may be awarded to the patient-complainant: Provided, further, That upon three (3) repeated violations committed pursuant to an established policy of the hospital or clinic or upon the instruction of its management, the health facility’s license to operate shall be revoked by the DOH. The president, chairman, board of directors, or trustees, and other officers of the health facility shall be solidarily liable for damages that may be awarded by the court to the patient-complainant.”
Any complaints for violations of the Anti-Hospital Deposit Law against health facilities shall be filed with the Health Facilities Oversight Board under the Health Facilities and Services Regulatory Bureau (HFSRB) of the Department of Health (DOH). The patient may also institute criminal proceedings in the regular courts.
We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net