Councilor Leandro Yangot Jr. has proposed an ordinance prohibiting the illegal detention of patients or deceased individuals in hospitals and healthcare facilities as well as the refusal to issue birth or death certificates due to unpaid medical bills.
Once enacted, the ordinance will apply to all healthcare facilities in Baguio City.
The detention of living individuals occurs when a patient or their representative is restrained or prevented from leaving a healthcare facility after treatment has been completed even if a promissory note for payment has been executed. The detention of deceased individuals refers to withholding the body of a deceased patient due to unpaid hospital bills despite a promissory note being executed by surviving relatives.
The enactment of this ordinance would make it illegal for any healthcare institution or worker to detain a patient, patient representative, or cadaver based on non-payment of medical fees.
“Such detention of patients and cadavers not only leads to further increases in hospital bills but also exposes individuals to potential diseases and infections, along with emotional, mental, and psychological distress,” Yangot wrote in his proposal.
He added that the ordinance would provide greater protection and support to patients and their representatives against illegal detention and other related unlawful acts.
Republic Act No. 9439 and Department of Health Administrative Order No. 2008-0001 impose penal sanctions against the detention of patients in hospitals and medical clinics due to non-payment of hospital bills or medical expenses.
Under the ordinance, in cases of detention, a written notice will be served to the healthcare facility by the patient, patient representative, or other authorized entities. This note demands the release of the patient or cadaver within three hours after service.
Furthermore, in cases of refusal to issue birth and death certificates, a written demand will be issued to the healthcare facility requiring the issuance of the certificate within three working days from receiving the notice.
For healthcare workers, the first offense results in a P20,000.00 fine and/or one month of imprisonment, with penalties escalating to a P30,000.00 fine and/or four months of imprisonment for the second offense, and a P50,000.00 fine and/or six months of imprisonment for the third offense.
For business establishments such as healthcare institutions, the penalties are even more severe. A first offense incurs a P200,000.00 fine and/or a 30-day suspension of the business permit. For a second offense, the fine increases to P300,000.0 with a 60-day suspension, and the third offense leads to a P400,000.00 fine and/or the suspension or cancellation of the business permit.
Additionally, offenders may face criminal liability which includes a fine of up to P5,000.00 or imprisonment of up to one year or both at the discretion of the court.
A special assistance fund will be created from fines collected under this ordinance. The city mayor will administer this fund to help cover unpaid promissory notes for indigent patients. The account for this fund will be created by the City Treasurer’s Office.
The proposed ordinance is set to be approved on first reading by the Baguio City Council on October 7, 2024. **Jordan G. Habbiling
