RA 9439 Anti Hospital Detention

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REPUBLIC ACT NO.

9439 April 27, 2007


ANPATIENTS
ACT
CLINICS PROHIBITING
OF HOSPITAL
ON INGROUNDS
HOSPITALS
BILLS
EXPENSES THE
OFOR AND
DETENTION
MEDICAL
NONPAYMENT
MEDICAL OF
Be it enacted by of
Representatives
assembled: thethe Senate and House
Philippines of
in Congress
SECTION
detain
indirectly,
fully
adequately
for
hospital oror
reasons or 1.
the medical
orIt
to
partially
billsattended
of shall
detention
otherwise clinic
be
recovered
nonpayment
medical to or ofwho
expenses.
inunlawful
cause,the
patients
or
mayor
part country
have
haveforfull
directly
who
in any
to
have
or
died,
been
of
SEC.
recovered
incapable
the
demand
medical
obligation.
secured
of
liable
In
documents
purposes
surviving
same:
stayed
this Act.2.
hospitalization
fees and
hospital
required
hospital
a apromissory
inbyPatients
or
co-maker,
with
corresponding
the and
to
the
either
the
caseThe
shall
Provided, who
medical
of who
orsettle,
medicines,
expenses,
issuance
certificate
for
or the
medical medical
release
note already
and
clinic have
clinic
in
shall
apromissory
patient
who
death
requiredbe
relatives
private mortgage
will
a
however,
rooms for
bepart
of
clinic,
other
ofupon
the
deceased wish
butfully
the
the
covering or
including
be or
certificate
released
for are
allowed
with
the
jointly
interment
requesting
shall That
not note
toby
unpaid to
in or
the leave
partially
financially
full,
professional
pertinent
patient to
corresponding
a from
execution
a
and
patient,
and
anyand
patients
be for
covered the
their
leave
right
papers
unpaid
guarantee
shall
obligation.
severally to
of
be
ofother
his
who
by
SEC.
Twenty
more
or
but
and
proper medical
patients,
shall 3.
be
than Any
thousand
imprisonment
not more officer
clinic
punished
whoFifty
imprisonment,
court. violates
than or
byresponsible
thousand
pesos
ofsixnot employee
the
a the
fine or of
provisions
of
(P20,000.00),
months,
at pesos
less than forone
not theof releasing
hospital
less
this
(P50,000.00),
both
discretion of than
but
such
month,Act
not
fine
the
SEC.
promulgate
to carry4.out Thethe
the Department
necessary
provisions rules of and
of this Health
Act. regulations shall
SEC. 5.
void
provisions
remain inIffull
and any
hereofprovision
unconstitutional
force of thisthe
not effect.
and affected Act isremaining
thereby declared
shall
SEC. Act 6. All
regulations
this
accordingly. are laws,
or partdecrees,
hereby thereof
repealed orders, or rules
inconsistent amended and
with
SEC. 7.
days
newspapers Thisof
after Act
its shall circulation.
general
publicationtake effect
in two fifteen (15)
national
Approved,

,SUBJECT:
of
as
in Republic
Hospitals Implementing
Act
"An Act Prohibiting
Expenses".
Nonpayment andof No. Medical
Hospital9439, Rules
theBillsotherwise
Clinics or and
Detentionon Regulations
known
Grounds
Medical of Patients of
I. Rationale:
The latter's
Clinics
Bills
problem
clinics
the
employ passage
otherwise
Detention
ortheir
emphasizes
honor
medical
No.
(DOH) 9439 on
regulations.Medical
that
to known
appropriate
clinic of
ofrefuse
Grounds
involving
expenses the Republic
Patients
obligation
promulgate
authorizes as
toExpenses",
inability pay to
byof
some "An
to in
Nonpayment
discharge
encouraging
pay
responsibility
payment
their
with
the
the (R.A.)
Hospitals
Act Prohibiting
addresses
hospitals
their
bills.
the
Department
necessary andNo.
of
patients
hospital
schemes.
Sec. them
ofhospital
patients
4ofof
rules9439,
Medical
the
Hospital
the
medical
due
to
It
orbills
to toor
also
R.
Health
andA.
II. Objective:
This
implementing
the
known Administrative
provisions
Patients
Grounds
Medical as of"An
in rules
Act
of R.
Hospitals
Nonpayment
Expenses". Order
and
Prohibiting
A. No.
-and regulations
sets
9439, theotherwise
the
ofMedical
Hospital to
Detention
Clinics carry
Bills on of
or out
III. Scope:
This medical
admitted
and
privateAdministrative
in government
rooms. clinics, Order except andapplies
private
those to patients
who hospitals
stay in
IV. Definition of Terms:
For purposes
implementing
following of
definitions R. A.
rules andNo.regulations,
are 9439 and its
provided: the
A.person
who
C.
from
D. Co-Maker
ultimate
official
its binds
permitted
appropriate
E.
followed.
Hospital
individuals
illness
obstetrical,
institution
F. beds
injuries,
Hospital
ancillary
meals,
G.
the
a Medical
phrase
H.
(land)
healthabove
possessions)
debt.
I.
clinic
Officer
medical
and
clinic.
K.
ward
or
not
forms
L.
in
next these
Private
of or
Detention
co-makerleaving
nonpayment
expenses
Guarantee
certain
happen. facts
The
for
management
conditions,
Hospitalization
treatment
patients,
doctor's fees,
medical
payments
a
accordance
procedures
J. Patientcare
type
of
writing
Promissory
engaging
determinable
money kin
to himself
expenses/hospitalization
B. unpaid
patient.
Complaint in
tohospital
facts,
implementing
-with to
services
"medical
Mortgage
or who
semi-permanent
to
admitted exceed -future
-employee
any the
-as
part
of
the
-or
-for
injury,
where
Clinic
definition
personal
person
or
clinic a
aan
hospital
action
rely
a
suffering
medical
24-hour
abnormal
Bills
whichand
andEmployee
of person,
jointly
sworn
filed
violation
rules
supplies,
for
implementing
room
health
for
tomade
to
order is
services
Room 4 -bills
conditions
or on
health
or in
there
of
maternity
other
amount by
of
-hospital
act
hospital
or
-responsible
an in
-hospital
or of
or
rendered,
use
a
clinic"
method
security
with
the
theacting
already
divided
diagnosis,
pay Note
the care
by
oron a
patients
the and
ifwritten
that
it
use
physical
Medical
Expenses
include, is
health
of
property
hospital
in of
purposesa
singleinnatural
or
of
full.
expressed and
expenses
written
the
the R.
bills
or
medical
arenot
facility
from
need
nursingare
deformities,
forms
owing
but
drugs
for
afor not
admitted
rules severally
medical
true
-assurance
true
deformity,
of
longer
for
equipment.
ofits (other
the
behalf
hospital
policies
or
hospital
by
partitionper
maintenance.
an
hospital
to demand,
time, treatment
patient and or
regulations.
A..
restraining
premises
or No.
medical
medical
assurance juridical,
of
statement
hospital
patient, or
for
clinic
the
surgical,
care.
installed
and
cases.
Expenses/
costshealthby
mental
limited
charges
facility
occupancy
either
room a
clinical
and
business
using
(except
unconditional
bearer. or
a that
but
real
of the
9439
and/or
and/or
and
It is
physical
payment
releasing
of
medical
R. A.
and
or
a
and/or
medical
or
sum at aor
aand to
charging
medical
person
clinic
isby
diagnosis,
careto,
and
medicines,
for pay
of
an
bassinets
patients
diseases, room, athe
and
that
the
will
seek
diagnosis,
disease,of
satisfies
uses
name.
property
No. of
hospital
medical
regulations,
and availed
medical
permanent
who room
curtains)
are
other
his/
promise
fixed
certain clinic,
in the
patients
clinic.
9439or
her
or in
or
of
a
A. General Policies:
1.
but
and
In Patients,
rooms,
who
hospital
leave
issued
from
unpaid
2.
her
only.
be
note
shall
the
plans,
an
the
cadaver wish
are
execution the
other
the
secured
In
corresponding
pertinent
issued
For who
the
severally
purposes
Security
Insurance
certificate
interment
of
4.
patient
full, of
accountable
occurs event
Corporation,
assignment
the
hospitalization
3. a hospital
promissory to except
are
incapable
bills
System.
of
and
promissory
causing,
Any leave
or
hospital
pertinent
obligations.
surviving case
other
covering
guarantee
be by
documents
only
secured
of the
note
shall
directly
hospital
for
when medical
either
relatives
of
death
upon
liable
getting
System,
can
purposes.
and
reason
for
all or to
expenses
corresponding
hospital
of a purposes,
arelatives.
the those
partially
the
or
promissory
or
documents
insurance
hospital
bills of
expenses.
or
shall
other
be demand
note.
bills
such
of pay,
The
unpaid
co-maker
by fora
aGovernment
the
medical
of hospital
medical
documents
medical
deceased
for
be the
Philippine
proceeds
may
medical or
expenses/
pertinent
Documents
released
indirectly,
or in
shall
medical
whonote
mortgage,
promissory
shall
certificate
execution
either The a
benefits
policies
require
who be
interment
suchup
allowed
the
nonpayment,
medical
unlawful
following stay
fully
part or
clinic
be for
clinic
of
obligations covering
patient,
issued
and
mortgage,
unpaid
only
clinic shall
will be
Service
from
Health
or
tothe
expenses/
refuse
issuance
the to
documents
for
after in
recovered
oramedical
in
allowed
and
upon
or
documents
promissory note
be
pre-need
theto
detaining private
full,
certificate
their
aby
any
purpose
otherthe
promissory clinic
shall
to
the
jointly
claim
other
detention
expenses/
act.
areheld or
obligations.
needed
the
Insurance
execution
extent
execute
of
part
Detention
present: a and
their
release
shall
of
note
any forbe
his/
shall
Social
death
the
for
execution
or of
of aof
in
a) Patient
has
b)
and
full
c) Theexpressed
physician
the
covering
expenses/
d)
medical
patient
hospital patient
or has
medical
is financially
corresponding
the
has has
officer
clinic who
his/
issued
is
unpaid not
executed
hospitalization
or
restrained
premises. her
ishospital
employee
responsible apartially
clinic,
incapable intention
discharge
confined or
hospital tothe
a expenses;
him promissory
forof
from or ato
bills
bills
the fully
or
releasing leave
attending
settle
in order;
private
orin
hospital
leaving andrecovered
partthe
room
medical
medical
note
the
theoror in
5. Inofthe
hospital
cadaver
full, or
hospitalization
accountable
occurs case
for
hospital
when allof
medical
reason
for ofa the
expenses
bills
such deceased
of
clinic
nonpayment,
orunlawful refusing
medical
shall
following patient,
be to
expenses/
act.
areheld in any
release
part orthe
Detention
present: in
a) Any
pronouncement
b)
pay The
Anythe
expenses/
c) or of
promissory
bills
expenses;
d)
medical
deceased
cadaver medical
of the
officer
clinicnote
and
patient
and/ orofficer
corresponding
the of
surviving
hospitalization
surviving death; has
hospital
expenses/hospitalization
covering
employee
responsible
or has
relevant refused made
relatives
relatives
expenses;
the
for
documents. the
tobills
is
has
unpaid
of releasing
the incapable
or medical
executed
hospital
release hospital
the or toa
the
B. Specific Guidelines:
1. Classification,
Patients
To
patients
minimize,
medical
nonpayment
expenses/
and being
clinics
hospitals
institute and ifor
of Admission
unable
not
detaining
hospital
hospitalization
observe prevent,
medical tobills
the pay, and
patients
clinics or
expenses,
following: Discharge
incidence
and hospitals
medical
alikefor of of
reason
patients
may or
of
a)
in Government
classify
pay
written
assist
from
to
end,
as
d) according
Implementing
patients
this
may
c)
or The refer
medical patients
Administrative
Patients
Services
October
b) Private and
in
12,
purpose,
DOH,
government
expenses/
settle
well
purpose.
billing
current patients
institutions
Health the
Sweepstakes
Gaming
regulations.
e)
and All
officer/s as
and the
DOHhospitals
policies
in to 2001.
terms
AO
like,
Insurance
Corporation, to
,Congress,
accounting
hospitals
releasing
releasing or hospitals
in
shall
collectionor
employee/s
patients. in
and
private
clinics the
Guidelines
Government
on No.
government of terms
Order
Availmentor
shall,
looking
hospitalization
unpaid but
Office,
patients,and 51-A
work
andnot
medical No.or
guidelinesof
on
medical
procedures
their
hospitals
as medical
their
51-A
Hospitals,
of
capacity
s.
and
far
non-government
hospital
Corporation,
Local
to for
limited
closely
Philippine
provide
procedures set
Classification
Medical
financial
expenses.
billsto,
Government
auditing
clinics
including
responsible s.
clinics
2000.
orto
private
as or
with to
Philippine
Amusement
funds
rules
subject
for shall clinics
capacity
by
2000:
dated
classify
medical
identifying
for the
Social
shall
pay.
practicable,
hospitalsshall
to
DOH
of
have
For
clinics
assistance
medical
Towardsources
Philippine
financial
for
and
admittingUnits,
havetothis
establish this
Charity
and
the
2.promissory
a)
who
but
a
b) Execution
patients
Except
are
hospitalwish
surviving
or
c) In
a the
promissory
mortgage,
3.
Any
been
9439
not Penalty
clinic officer
(P20,OOO)
Pesos
than found
less
months,
the One who
guarantee
policies
Hospitalsand those
incapable
hospitalization to
bills
case
than or
responsible
regulations
and its
(P50,000),
discretion(1)
or of
are
leave
or
relatives
note
or
notes
or
to
shall
but
both note
ofPromissory
who
of
procedures partially
a
aemployee to
athe
expenses
medical
guarantee
commit
Twenty
of not
Month secured
for
implementing
beor
such
the stay
pay,
secured
is
deceased
secured
medical obliged
co-maker.
more of
releasing
any
punished
Thousand in
hospital
in
byor
clinics
for byNote
expenses/
are aby
of
than
imprisonment
but
proper
fine not and private
fully
part
a or
obliged
to
either
more or
either
patient,
either recovered
execute
execution
shall
co-maker.
hospital
violation
rules patients
by
Fifty
court. either
and
Pesos rooms,
medical
in
ahave
a to
a
of full,
any
of
or
Thousand
than
of
imprisonment, not execute
amedical
R.A.
who
Sixfine
less and
clinic
their
awritten
mortgage,of his
No.
has
(6) of
at
VI. Repealing/Separability Clause:
Provisions
inconsistent
Order
If
R.
provisions
the A.same,
hospitals are
accordingly.
any
unauthorized
of
not law
effective. orrules
affected
No.
particularly
orders,
practitioners, from
hereby
provision
9439
or or
competentor
thereby
ofArticles
in the
and
medical
soand previous
contrary
of rescinded
repeals
far this
rendered
Revised
regulations
267,
as
their or
clinics,
the to
Order
authority,
shall issuances
staff theand
invalid
remain
Penal
amends
268
same isprovisions
modified
declared
those by
Code, that
valid
the
inconsistent
and
medical
and 270,
involves any
employees. are
and of
provisions
court
pertinent
decrees,
withthis
VII. Effectivity:
This Order
after publication
circulation. shall take in a newspaper
effect fifteen of(15) general days
(Signed)
FRANCISCO
Secretary of T.Health
DUQUE, III, M.D. M.Sc.

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