An Act Strengthening the Anti-Hospital Deposit Act

REPUBLIC ACT NO. 10932

AN ACT STRENGTHENING THE ANTI-HOSPITAL DEPOSIT LAW BY INCREASING THE PENALTIES FOR THE REFUSAL OF HOSPITALS AND MEDICAL CLINICS TO ADMINISTER APPROPRIATE INITIAL MEDICAL TREATMENT AND SUPPORT IN EMERGENCY OR SERIOUS CASES, AMENDING FOR THE PURPOSE BATAS PAMBANSA BILANG 702, OTHERWISE KNOWN AS "AN ACT PROHIBITING THE DEMAND OF DEPOSITS OR ADVANCE PAYMENTS FOR THE CONFINEMENT OR TREATMENT OF PATIENTS IN HOSPITALS AND MEDICAL CLINICS IN CERTAIN CASES," AS AMENDED BY REPUBLIC ACT NO. 8344, AND FOR OTHER PURPOSES

SECTION 1. Section 1 of Batas Pambansa Bilang 702, as amended, is hereby further amended to read as follows:

"SECTION 1. In emergency or serious cases, it shall be unlawful for any proprietor, president, director, manager or any other officer, and/or medical practitioner or employee of a hospital or medical clinic to request, solicit, demand or accept any deposit or any other form of advance payment as a prerequisite for administering basic emergency care to any patient, confinement or medical treatment of a patient in such hospital or medical clinic or...

Summary of Republic Act No. 10932 (Strengthening the Anti-Hospital Deposit Law)

Prohibitions and Penalties:
• It prohibits hospitals and medical clinics from demanding deposits or advance payments as a prerequisite for administering basic emergency care or medical treatment in emergency or serious cases. (Section 1)
• Violators shall be punished with imprisonment of 6 months and 1 day to 2 years and 4 months, or a fine of P100,000 to P300,000, or both. (Section 4)
• If the violation was pursuant to an established policy or instruction of management, the responsible director or officer shall be imprisoned for 4 to 6 years, or fined P500,000 to P1,000,000, or both, plus damages. (Section 4)
• Upon 3 repeated violations, the health facility's license shall be revoked. (Section 4)

Definitions:
• "Emergency" refers to a condition where delay in initial support and treatment may cause loss of life, permanent disability, permanent injury or loss of an unborn child, or non-institutional delivery. (Section 2a)
• "Serious case" refers to a condition where, if left unattended, may cause loss of life, permanent disability, permanent injury or loss of an unborn child. (Section 2b)
• "Basic emergency care" includes procedures for initial diagnosis, use of equipment and supplies, and necessary medical procedures for safe delivery. (Section 2i)
• "Non-institutional delivery" refers to delivery outside a health facility after initial consultation. (Section 2j)

Transfer of Patients:
• After administering medical treatment and support, hospitals may transfer patients to appropriate facilities, especially for poor or indigent patients. (Section 3)
• Local government units must allow free use of emergency vehicles for patient transfer if the hospital has no ambulance. (Section 3)
• Hospitals must provide a staff nurse with ACLS certification to accompany the patient during transfer. (Section 3)

Presumption of Liability and Complaints:
• In case of death, disability, or injury due to denial of admission for demanding deposits, a presumption of liability shall arise against the health facility and personnel involved. (Section 5)
• Complaints shall be filed with the Health Facilities Oversight Board under DOH, which shall investigate, adjudicate, and impose sanctions, including license revocation. (Section 6)

Financial Support:
• PhilHealth shall reimburse the cost of basic emergency care and transportation for poor and indigent patients. (Section 7)
• PCSO shall provide medical assistance for basic emergency care needs of the poor and marginalized. (Section 7)
• Expenses for basic emergency care not reimbursed by PhilHealth shall be tax deductible. (Section 8)

Implementation:
• DOH, in coordination with PhilHealth and BIR, and in consultation with NGOs, shall promulgate implementing rules within 90 days. (Section 9)