By Billy Begas
Davao City Rep. Paolo Duterte has filed a bill seeking to increase to P5 million from the current P1 million fine against hospitals and clinics demanding deposits before administering treatment for emergency and serious cases.
At the same time, House Bill 3046 mandates the establishment of a government hotline where the public can report violations of the Anti-Hospital Deposit Law (RA 10932).
Duterte, Benguet Rep. Eric Yap, and ACT-CIS Partylist Representatives Edvic Yap and Jeffrey Soriano, authors of HB 3046, said “there is still a significant number of reports of hospitals violating the Anti-Hospital Deposit Law.”
“The law asserts the rights of an individual to be admitted to any hospital and be given basic emergency care without being asked to hand over an advance payment outright. This is in consonance with the Hippocratic Oath that physicians take, pledging to help the sick to the best of their ability and knowledge,” the authors said in the measure.
RA 10932, which was signed by former President Rodrigo Duterte in 2017, imposes a fine of P100,000 to P300,000 and/or imprisonment of six months to two years against hospital employees or medical practitioners found guilty of violating the Anti-Hospital Deposit Law.
The same law also imposes higher penalties of imprisonment of 4 to 6 years, and a fine ranging from P500,000 to P1 million, or both, on directors or officers of hospitals or clinics responsible for implementing policies or instructions that violate the Anti-Hospital Deposit Law.
Under HB 3046, a hospital employee, official, or medical practitioner found violating the Anti-Hospital Deposit Law will be fined from P500,000 to P1 million and/or imprisoned for 4 to 6 years.
If it can be established that the violation was committed as a result of the medical facility’s policy, or upon instructions of its management, the director or officer responsible shall be penalized with imprisonment of 6 to 12 years and/or fined P2 million to P5 million.
HB 3046 also includes a provision that would allow the filing of administrative cases against erring hospital employees and officials with the corresponding penalty of suspension, cancellation, or revocation of their professional licenses.
A medical facility’s license to operate issued by the DOH will also be revoked after three violations of the Anti-Hospital Deposit Law arising from an established policy or instructions of its management.
The measure also held the president, chairman, board of directors, trustees, and other officers liable for damages the court may award to the patient-complainant.