AN ACT PENALIZING THE REFUSAL OF HOSPITALS AND MEDICAL CLINICS TO ADMINISTER APPROPRIATE INITIAL MEDICAL TREATMENT AND SUPPORT IN EMERGENCY OR SERIOUS CASES

Case Overview and Summary

Summary of Republic Act No. 8344:

Prohibitions and Requirements:
- It is unlawful for hospitals or medical clinics to:
  • Request, solicit, demand or accept any deposit or advance payment as a prerequisite for confinement or medical treatment in emergency or serious cases. (Section 1)
  • Refuse to administer medical treatment and support as dictated by good practice of medicine to prevent death or permanent disability in emergency or serious cases. (Section 1)

Definitions:
  • "Emergency" - A condition where delay in initial support and treatment may cause loss of life or permanent disability, based on objective findings of a prudent medical officer on duty. (Section 2a)
  • "Serious case" - A condition characterized by gravity or danger where, if left unattended, may cause loss of life or permanent disability, based on objective findings of a prudent medical officer on duty. (Section 2b)
  • "Confinement" - Being admitted in a hospital or clinic for medical observation, diagnosis, testing, and treatment consistent with its capabilities and facilities. (Section 2c)
  • "Hospital" - A licensed facility devoted primarily to diagnosis, treatment, and care of individuals, including prolonged care. (Section 2d)
  • "Emergency treatment and support" - Any medical or surgical measure within the capability of the hospital or clinic, administered by qualified professionals to prevent death or permanent disability. (Section 2e)
  • "Medical clinic" - A place where patients can avail of medical consultation or outpatient treatment. (Section 2f)
  • "Permanent disability" - A condition of physical disability as defined under the Labor Code of the Philippines. (Section 2g)
  • "Stabilize" - Provision of necessary care until the patient can be discharged or transferred without physical deterioration. (Section 2h)

Patient Transfer:
  • If the hospital or clinic lacks capabilities, the attending physician may transfer the patient to a facility where appropriate care can be given, after consent from the patient or next of kin, and the receiving facility agrees to the transfer. (Section 1)
  • If the patient is unconscious, incapable of giving consent, and/or unaccompanied, the physician can transfer the patient without consent. (Section 1)
  • Transfer shall be done only after necessary emergency treatment and support have been administered to stabilize the patient, and it has been established that the transfer entails less risk than continued confinement. (Section 1)
  • No hospital or clinic shall refuse to receive the transferred patient or demand any deposit or advance payment after being informed of the medical indications for the transfer. (Section 1)
  • After administering medical treatment and support, the hospital or clinic may transfer the patient to an appropriate hospital, preferably a government hospital for poor or indigent patients. (Section 3)
  • The transferring and receiving hospitals should be within a 10-kilometer radius of each other, as much as practicable. (Implementing Rules 3.1)
  • Patient transfers shall be properly documented using a Uniform Discharge/Transfer Slip. (Implementing Rules 4)

Penal Provisions:
  • Any official, medical practitioner, or employee of the hospital or clinic who violates the provisions shall be punished by imprisonment of not less than 6 months and 1 day but not more than 2 years and 4 months, or a fine of not less than ₱20,000 but not more than ₱100,000, or both, at the court's discretion. (Section 4)
  • If the violation was committed pursuant to an established policy or instruction of management, the responsible director or officer shall be punished by imprisonment of 4 to 6 years, or a fine of not less than ₱100,000 but not more than ₱500,000, or both, at the court's discretion. (Section 4)

Compliance Measures:
  • Hospitals and clinics must display copies of the law and implementing rules prominently. (Implementing Rules 6.1)
  • Establish billing and collection procedures that do not commence until appropriate treatment of emergency or serious cases has been completed. (Implementing Rules 6.2)
  • Instruct personnel to provide prompt and immediate medical attention to emergency and serious cases without prior payment or deposit requirements. (Implementing Rules 6.3)
  • The law covers only medical and surgical goods and services, not non-medical amenities. (Implementing Rules 6.4)
  • Alleged violations may be reported to the Bureau of Licensing and Regulation or Regional Health Offices for investigation and potential criminal prosecution or administrative proceedings. (Implementing Rules 6.5, 6.6)