THE continuing malpractice of hospitals which “detain” patients – dead or alive – due to unpaid medical bills has prompted Senate President Pro Tempore Jinggoy Ejercito Estrada to push for a measure that would give the anti-hospital arrest law more teeth.

“Despite the existence of the law for 17 years now, the same illegal practice persists and continues to plague our health care system. My office has received numerous complaints from hapless families victimized by unscrupulous medical institutions,” Estrada said in filing Senate Bill No. 2724.

“No person shall be imprisoned for debt. That is a basic constitutional right. Anong batas ang pinanghahawakan ng ganitong walang awang mga ospital sa mga mahihirap?” Estrada said in underscoring that Republic Act No. 9439 particularly ensures that patients are not made hostage by hospitals for financial reasons.

 In seeking to amend RA 9439, or “An Act Prohibiting the Detention of Patients in Hospitals and Medical Clinics on Grounds of Nonpayment of Hospital Bills or Medical Expenses,” Estrada proposed to prescribe stiffer penalties against violators.

From the current P20,000 to P50,000 fine, the Senate leader proposed a P200,000 fine, imprisonment of up to three years, or both for hospital officers or employees who fail to comply with the law.

Meanwhile, directors or managers of medical facilities could face a six-year jail term and a maximum fine of P2 million for implementing policies of hospital detention, according to Estrada.

 Among the cases brought to the attention of the Senate leader is that of a patient in a medical center in Dasmariñas City in Cavite who was made to pay at least 70 percent of his outstanding bill before he was discharged from confinement.

Another patient was asked to settle his/her bill amounting to P650,000 for a three-week hospitalization for cardiac arrest before he/she was allowed to go home.

 “Mas lalo pa nilang nilulubog sa utang ang pamilya ng pasyente dahil sa lumulobong bayarin dahil sa bawat araw na dumadaan ay patuloy silang nagbabayad sa kwarto samantalang pwede na namang sa bahay na nagpapagaling ‘yung pasyente,” he said.

To strengthen the law, Estrada called for the inclusion of those due for discharge from being barred from leaving the hospital due to unsettled bills.

Estrada also inserted a provision on the illegality of withholding documents pertinent to the examination, diagnosis, medication, care, and hospitalization of the patient.

Death certificates and other documents required for burial and other purposes must be issued within 48 hours, he said.

If the patient is an active member of either the Social Security System (SSS), Government Service Insurance System (GSIS), or the Philippine Health Insurance Corp. (PhilHealth), Estrada said that a guarantee letter from any of these agencies may be presented along with a promissory note as an alternative to a mortgage or guarantee by a co-maker.

 He added that if the patient is indigent, a guarantee letter from the Department of Social Welfare and Development (DSWD) may be submitted.

 Estrada proposed amending the policy to include patients admitted to private rooms due to unavailability of non-private rooms, urgency of the case, or if deemed necessary by hospital medical professionals for intensive care, isolation, quarantine, or other compelling CIRCUMSTANCES.