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Solon seeks stiffer penalty for hospital detention




MANILA – Senate President Pro Tempore Jinggoy Ejercito Estrada is proposing to increase penalties for violators of Republic Act No. 9439, or the Anti-hospital Arrest Law, to prevent hospitals from detaining patients due to unpaid medical bills.


“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 Wednesday in a news release.


“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 (What law are these heartless hospitals basing on)?” Estrada said in underscoring that the law particularly ensures that patients are hostaged by hospitals for financial reasons.


Estrada’s Senate Bill No. 2724 seeks to amend RA 9439 by increasing penalties for violators, including a fine of up to PHP200,000 and imprisonment of up to three years for hospital officers or employees who fail to comply with the law.


If passed into law, directors or managers of medical facilities could face a six-year jail term and a maximum fine of PHP2 million for implementing policies of hospital detention.


If the patient is an active member of Social Security System, Government Service Insurance System, or PhilHealth, a guarantee letter from any of these agencies, including the Department of Social Welfare and Development if the patient is indigent, may be presented along with a promissory note as an alternative to a mortgage or guarantee by a co-maker. (PNA)

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