THE Senate on Monday approved Senate Bill (SB) 1511, titled the “Strengthening the Protection of Patients Against Hospital Detention” bill, which aims to reinforce safeguards for patients who may be prevented from leaving hospitals or medical clinics because they cannot fully settle their bills. The measure was passed on third and final reading with a vote of 18–0–1.
In her manifestation, Sen. Risa Hontiveros thanked her colleagues for passing the measure.
“First, this bill does not cancel a patient’s unpaid obligation. For financially incapable patients, the bill provides for a promissory note, which may be secured through mechanisms expressly provided in the law — a mortgage, a contract of guaranty, a deed of assignment of SSS (Social Security System), GSIS (Government Service Insurance System) loan proceeds or benefits, or guarantee letters from the PCSO (Philippine Charity Sweepstakes Office), DSWD (Department of Social Welfare and Development) or DOH (Department of Health),” she said.
Qualified indigent patients still need an assessment and endorsement, and an adequate guarantee letter from the DOH or DSWD, Hontiveros said.
“So this is not a license to simply walk away from a debt,” she added.
Hontiveros also said the tax provision in the bill is “not a blanket tax write-off of all unpaid hospital bills.”
“The provision applies only to the qualifying unpaid balance of a financially incapacitated patient after PhilHealth and other government health assistance benefits have already been deducted, and where the balance is guaranteed to facilitate the patient’s discharge,” she said.
SB 1511 also requires full transparency in health care costs and billing, and prohibits hidden or unauthorized charges.
“In fact, this bill strengthens accountability. Where illegal detention results from an established hospital policy or management instruction, responsible directors or officers may face fines of P500,000 to P1 million, imprisonment of four to six years or both,” Hontiveros said.
“The measure also establishes a patient grievance and redress mechanism, requires prompt action on complaints and mandates clear patient-discharge protocols in our health care facilities,” she said.
In supporting SB 1511, Sen. Raffy Tulfo emphasized that patients should not be held hostage over unpaid medical expenses.
“Hospitals have the right to collect, of course, but there is a proper way to do it. The patient is not a collateral, and their freedom and livelihood should not be turned into a collection mechanism,” Tulfo said.
Sen. Erwin Tulfo said a law stopping hospital detention is timely and necessary.
He cited cases where newborns were forced to be left in hospitals because their parents could not afford to settle their bills.
Tulfo also noted cases where the remains of individuals were not released until family members had paid their hospital balance.
The senator said signing a promissory note should be enough and that families should not be forced to put their sources of livelihood as collateral.
“It is high time we had a similar law, given the prevalence of hospital detention — a practice where patients are essentially held hostage,” Tulfo said.
Senate President Sherwin Gatchalian recalled similar incidents of hospital detention in Valenzuela City, noting that he filed the anti-hospital detention bill to prevent such incidents from happening again.
Sen. Joel Villanueva lauded his fellow senators for getting their act together to end the problem of hospital detention.
“We are a proud co-author of this bill because we believe it is high time to strengthen the protection afforded to patients and their families,” Villanueva said.
“We pushed for stronger transparency in health care costs and billing which requires hospitals to clearly inform patients, their families or guardians of applicable fees, billing policies and estimated hospitalization costs before or during confinement of a patient,” he said.
Sen. Bong Go pushed for the approval of the bill.
“When the patient has recovered and the doctor has said that they can already go home, lack of money should not be a reason for them to remain confined in the hospital. It is already difficult enough for a family to go through when someone gets sick. Let us not add to their burden,” said Go, vice chairman of the Senate Committee on Health and Demography.
He emphasized the need to protect financially distressed patients while recognizing the legitimate operating requirements of hospitals and health care institutions.
