by Ivy Tejano, MB
DAVAO CITY – Davao City first district Rep. Paolo “Pulong” Duterte has filed a bill increasing the P1-million fine and imposing other stringent penalties on hospitals and clinics demanding deposits before administering treatment for emergency and severe cases.
House Bill (HB) 3046 filed by Duterte and three other lawmakers amending the Anti-Hospital Deposit Law also has a provision mandating the establishment of a government hotline in which the public can immediately call to seek immediate assistance regarding violations of the law.
Together with Benguet Rep. Eric Yap and ACT-CIS party-list Reps. Edvic Yap and Jeffrey Soriano, the Davao City solon said the current set of penalties imposed under Republic Act (RA) 10932 on erring employees and officials of medical facilities should be increased further to P5 million as “there is still a significant number of reports of hospitals violating the Anti-Hospital Deposit Law.”
“The (Anti-Hospital Deposit 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 bill’s authors said.
“Hence, hospitals, in general, are duty bound to provide care and treat those injured or suffering,” they added.
Batas Pambansa (BP) 702 makes it unlawful for any hospital or medical clinic to demand deposits or advance payments for the confinement or treatment of patients in emergency and severe cases. Certain provisions of BP 702 have been amended under RA 834 and RA 10932 and increased the penalties on hospital employees and officials violating the law.
RA 10932, which was signed by then President Rodrigo Duterte in 2017 and implemented the following year, penalizes hospital employees or medical practitioners found guilty of violating the Anti-Hospital Deposit Law with P100,000 to P300,000 or imprisonment of two months to two years.
The law also imposes higher penalties of imprisonment of four to six years, and a fine of 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.
Five years after the signing of RA 10932, Rep. Duterte wants even more severe penalties imposed on hospitals and clinics, complemented by the establishment of a Department of Health (DOH)-administered national hotline to make it easier to flush out the law’s violators.
Under HB 3046, a hospital employee, official, or medical practitioner found violating the Anti-Hospital Deposit Law shall be fined between P500,000 and P1 million or imprisoned for four to six years, or both, upon the discretion of the courts.
If the courts find that the violation was committed due to the medical facility’s established policy or upon instructions of its management, the director or officer responsible shall be penalized with imprisonment of six to 12 years or fined P2 million to P5 million under the bill.
HB 3046 also has 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.
This is on top of the revocation of the medical facility’s license to operate by the Department of Health after three repeated violations of the Anti-Hospital Deposit Law arising from an established policy or instructions of its management.
Under the bill, the president, chairman, board of directors, trustees, and other officers shall be held solidarily liable for damages the court may award to the patient-complainant.
