Hospital Bill ,ra 9439 (More Info)& A Dear Pao Article

[Call me bubba]

much has been said that an Hospital here in the philippines can hold/refuse to release you

if you dont pay your bill .

even a past post

(see the link)http://www.philippines-expats.com/topic/15121-court-orders-st-luke%E2%80%99s-hospital-to-present-american-patient-unable-to-paygangster-hospitals-part-2/

1 american had to go to court to FORCE the issue to release him

 I have found an article by DEAR PAO that addresses this issue,

 i only post the article so we/you/I/ and others can try to "understand" the

rule/law

 

as it states and I will post , it  DOESNT APPLY IF YOU OCCUPY A PRIVATE ROOM

 

 

Dear PAO,
I was confined in a private hospital last month because of a fractured right leg.

Since there was no available room to suit my budget, I was constrained to get a private room just to be accommodated. When I was given the go signal to leave the hospital, my miseries began.

I was not allowed to leave the premises of the hospital as I was not able to pay my bills.

I am aware that there is a law that prohibits hospitals from doing this

but I was told that I am not covered by the said law as I occupied a private room.

Although I have already got out of the hospital, thanks to my friends, what could have happened if I failed to settle my hospital bills in full?

 

Does the hospital have the right to detain me?
 

 

Dear Ricky,
The law you are referring to is Republic Act (R.A.) No. 9439 which is entitled “An Act Prohibiting the Detention of Patients in Hospitals and Medical Clinics on Grounds of Nonpayment of Hospital Bills or Medical Expenses”.

 

This law prohibits any hospital or medical clinic to detain or to cause the detention of patients who have fully or partially recovered or have been adequately attended to or who may have died, for reasons of nonpayment in part or in full of hospital bills or medical expenses.

 

Section 2 thereof expressly mandates:

“SEC. 2. Patients who have fully or partially recovered and who already wish to leave the hospital or medical clinic but are financially incapable to settle, in part or in full, their hospitalization expenses, including professional fees and medicines,

shall be allowed to leave the hospital or medical clinic, with a right to demand the issuance of the corresponding medical certificate and other pertinent papers required for the release of the patient from the hospital or medical clinic upon the execution of a promissory note covering the unpaid obligation.

The promissory note shall be secured by either a mortgage or by a guarantee of a co-maker, who will be jointly and severally liable with the patient for the unpaid obligation.

In the case of a deceased patient, the corresponding death certificate and other documents required for interment and other purposes shall be released to any of his surviving relatives requesting for the same:

 

Provided, however, That patients who stayed in private rooms shall NOT BE COVERED by this Act.”

 

According to the Implementing Rules and Regulations of the abovementioned law,

private room is defined as a single occupancy room or a ward type room divided by either a permanent or semi-permanent partition (except curtains) not to exceed four (4) patients per room who are admitted for diagnosis, treatment and other forms of health care maintenance.

 

Since according to you, you occupied a private room and assuming that this room fits the above definition, then, the aforementioned law is not applicable to you.

However, just because you are not covered by the same does not mean the hospital could prevent you from leaving.

The hospital cannot hold your liberty for your failure to pay.

 

If this happened, you could have filed a Petition for Habeas Corpus to compel the hospital to produce your person in court and justify your continued stay in their premises,

otherwise the court will order your release.

 

Section 1, Rule 102 of the Rules of Court of the Philippines provides:

 

“Sec. 1. To what habeas corpus extends. – Except as otherwise expressly provided by law, the writ of habeas corpus shall extend to all cases of illegal confinement or detention by which any person is deprived of his liberty,

or by which the rightful custody of any person is withheld from the person entitled thereto.”

 

You may likewise file a criminal complaint for illegal detention against the hospital personnel/officials for your continued detention in the hospital.

 

http://www.manilatimes.net/hospital-cannot-hold-a-patient-for-failure-to-pay/41220/

 

Here is the title (the above lists the "law/regulations of RA 9439)

 

REPUBLIC ACT NO. 9439             April 27, 2007

AN ACT PROHIBITING THE DETENTION OF PATIENTS IN HOSPITALS AND MEDICAL CLINICS ON GROUNDS OF NONPAYMENT OF HOSPITAL BILLS OR MEDICAL EXPENSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

 

http://www.lawphil.net/statutes/repacts/ra2007/ra_9439_2007.html

Edited September 18, 2013 by Pittman apartments Sgn

[i am bob]

My big question is this:  If the nurse is really really really good looking and single, can I pay to stay longer?

 

:mocking:  :hystery:  :hystery:  :hystery:

 

Ok, seriously, I wonder how often this still happens and, if so, how often are people still having issues with getting it all corrected?

[Thomas]

Perhaps worth trying so they WANT us to leave:

1. Be very disturbing.

2. Or be very charming to the pretty nurses, so the doctors become yelous  :hystery:

 

My grandfather as 72 year old he ended up in coma in intensive care after the hospital had messed up much   :bash:  When he woke up after being very close to dead a rather long time, it took him only two days to both recover mentaly enough and to charm the nurses. Once I came to visit him, one nurse brushed his hair much more than needed, an other stood close holding a glass of water in case of if he would want it and a third asked if he wanted anything  :dance:  while the other patiences didn't got any attention at all... :th_unfair:   :)

[Mike S]

But I also have "heard" that this rule doesn't apply to foreigners only to Pinoy citizens ..... besides since when does a room with 4 persons in it constitute a private room even if it does have those portable cloth with metal partitions .... if you are a foreigner I would just plan on being able to pay your bill in full when you get ready to leave .... JMHO

:cheersty:

[Americano]

I have heard this many times but no one has ever said how they stopped them from leaving. Was it with words only or did they physically beat them until they couldn't walk out the door?  If I wanted to leave a hospital or clinic I would leave unless someone was physically able to stop me.

[Dave Hounddriver]

If I wanted to leave a hospital or clinic I would leave unless someone was physically able to stop me.

 

The hospital here (where I live in the province) is totally enclosed with a guard at the gate.  All patients who leave the grounds carrying their belongings must hand him the discharge slip or he does not let them leave.  But they can go out wrapped in a towel to go to the pharmacies outside the grounds and they do not usually ask foreigners for their receipt (at least they have never asked me) so it would be possible to slip out if you did not have a suitcase to bring.  Of course, if they issue of your bill has come up, they may ask the guard to keep a closer eye out for you.

[jpbago]

At both hospitals when my girls were in with dengue, there was a guard with a gun at the door. On discharge, we had to show him that the bill was paid. Also, every 2 days, the accounting office would come and ask for more money so that the bill never got too high. They have your name and address so if you ran out, where would you go?  In our case, the doc knew the girls for 15 years. You need the discharge papers to make the insurance claim if you had paid part of it on entry and regular deposits. There was a local girl in with one of our girls for a day or so and her parents were told that there was nothing else the hospital could do until they got some money.

Of course it is possible to be treated and skip town but for a foreigner, they may have your passport number. People do break out of jail so they could break out of a hospital too. But if someone saved your life, why would you run and not pay?

[Americano]

Everyone should pay their hospital bill, I don't think anyone has argued that point. The problem is when its time for someone to be released and don't have enough money to pay the entire bill that day keeping them a prisoner day after day , week after week only makes the problem worse because the amount owed the hospital continues to rise each day. Well, maybe this is what the hospitals wants. As the saying goes, the rich gets richer and the poor get poorer.

[SubicSteve]

Maybe they should try that back in the states so I don't have to pay for the damn illegals health care.

[Call me bubba]

( Bear with me on this)There was a local girl in with one of our girls for a day or so

and her parents were told that there was nothing else the hospital could do until they got some money.

 

If a person has DENGUE and has PHILHEALTH .

PHILHEALTH will pay for the Hospitalization/Treatment

 

did these people have Philhealth?

even if they are"poor" some government (local and ?)agencies give this so they can have access to "basic" health care treatment( also as a way to gain votes in the next election)

 

Yes Subic Steve I agree

but some where some place SOME WISE XXXX made it a law/rule that if you receive Federal funds

you cant refuse to give treatment if the condition is SERIOUS/Life threatening  ..