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streak03

Duterte signs law on stricter penalties vs medical facilities seeking deposits

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streak03

President Duterte on Friday signed a law that imposes stricter penalties for medical facilities which will seek deposits or advance payments from patients before treating them in emergency situations.

Republic Act (RA) 10932 strengthens 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.

 

Full article is here:

http://news.mb.com.ph/2017/08/05/duterte-signs-law-on-stricter-penalties-vs-medical-facilities-seeking-deposits/

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Jim_in_Jax

The way this is worded, it makes it sound like this was a law before and they're just stiffening the penalties?  Anyone know what the penalties were before?  My wife had to be admitted for emergency treatment a couple of weeks ago.  They wouldn't admit her until I paid 10 days of the room fee in advance.

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spydoo
1 minute ago, Jim_in_Jax said:

The way this is worded, it makes it sound like this was a law before and they're just stiffening the penalties?  Anyone know what the penalties were before?  My wife had to be admitted for emergency treatment a couple of weeks ago.  They wouldn't admit her until I paid 10 days of the room fee in advance.

Yes, it was law. Hospitals provide two paracetamol tablets for the emergency then ask for payment for the extra option of removing the bullet.

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Flakes

First priority of hospitals ls is to safe lives seems in Phils the hospitals forgot about that rule!

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Tullioz
21 minutes ago, Jim_in_Jax said:

The way this is worded, it makes it sound like this was a law before and they're just stiffening the penalties?  Anyone know what the penalties were before?  My wife had to be admitted for emergency treatment a couple of weeks ago.  They wouldn't admit her until I paid 10 days of the room fee in advance.

The Anti-Hospital Deposit Law (Republic Act 8344) has been in place since 1997. Had you had made the hospital aware that you knew the law,  they wouldn't have asked for a deposit after that. 

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bkkmarlowe

 

If you are lying on a guerney after a heart attack or stroke ... it could be difficult for a kano to argue with the hospital admissions clerk about your legal rights ... ?    

Just saying...

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Woolf

Must be the old penalties 

http://newsinfo.inquirer.net/730719/in-the-know-anti-hospital-deposit-law

 

Quote

 

IN THE KNOW: Anti-Hospital Deposit Law

Philippine Daily Inquirer / 12:38 AM October 14, 2015

 

ALL HEALTH facilities, whether government-owned or private, are prohibited from refusing persons seeking medical help or from detaining them for nonpayment of hospital bills or medical expenses.

It is unlawful for any hospital or medical clinic to refuse administering to patients treatment and support that could prevent their death or permanent disability, according to Republic Act No. 8344, also known as the Anti-Hospital Deposit Law.

The law, approved on Aug. 25, 1997, also prohibits “request, solicit, demand or accept any deposit or any other form of advance payment as a prerequisite for confinement or medical treatment of a patient.”

If the health facility lacks medical capabilities, the attending physician may transfer the patient to a facility where the appropriate care can be given, after the patient or his next of kin consented to the transfer and after the receiving hospital or medical clinic agreed to the transfer, according to RA 8344.

If the patient is unconscious, incapable of giving consent and/or unaccompanied, the doctor can transfer the patient even without his consent, provided that the transfer is done only after necessary emergency treatment and support were administered to stabilize the patient and after it was established that the transfer would entail less risks than the patient’s continued confinement.

The hospital or clinic where the patient will be transferred shall not refuse him nor demand from the patient or his next of kin any deposit or advance payment, the law stated.

Violators of RA 8344 shall be imprisoned for six months to two years and four months, or fined P20,000 to P100,000.

If the violation is committed pursuant to an established policy of the hospital or clinic, or upon instruction of its management, the director or officer of the hospital or clinic responsible for the formulation and implementation of the policy shall be imprisoned of four to six years or fined P100,000 to P500,000.

Republic Act No. 9439, or the Hospital Detention Law, states that health facilities are prohibited from detaining patients who have fully or partially recovered because of nonpayment in part or in full of hospital bills.

A patient, who wants to leave the hospital, shall be issued the corresponding medical certificate and other pertinent papers required for his/her release “upon the execution of a promissory note covering 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.

Violators of the law shall be fined P20,000 to P50,000 or imprisoned for one month to six months, or both.

However, RA 9439, approved on April 27, 2007, applies only to charity patients and does not cover patients in private rooms, according to Sen. Pia Cayetano, author of the bill.

Cayetano said the law was a response to the concern of the Philippine Hospital Association that it could be abused by a rich patient pretending to be poor to avoid payment, or by an indigent purposely registering as a paying patient but can’t afford to pay. Inquirer Research

Sources: RA 8344, RA 9439 and Senate.gov.ph



Read more: http://newsinfo.inquirer.net/730719/in-the-know-anti-hospital-deposit-law#ixzz4orq03Us9 

 

 

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Flakes
2 hours ago, streak03 said:

President Duterte on Friday signed a law that imposes stricter penalties for medical facilities which will seek deposits or advance payments from patients before treating them in emergency situations.

Republic Act (RA) 10932 strengthens 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.

 

Full article is here:

http://news.mb.com.ph/2017/08/05/duterte-signs-law-on-stricter-penalties-vs-medical-facilities-seeking-deposits/

Nice informative post.i would like see more news articles regularly posted here related to Phills and Cebu.

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A_Simple_Man
2 hours ago, Jim_in_Jax said:

They wouldn't admit her until I paid 10 days of the room fee in advance.

If you wanted a private room for her then I think its the same everywhere.  Many want a private room so be prepared to pay up front for that.  I cannot see that changing.  I'm happy when I can even get a private room and I jump at the chance to pay for it.

But if they would not admit her into a normal room (with about 5 other patients sharing the room) then I think you have a case.

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maximian
1 hour ago, A_Simple_Man said:

If you wanted a private room for her then I think its the same everywhere.  Many want a private room so be prepared to pay up front for that.  

I have just come out from a 4 day stay in hospital and nothing was payed up front, except for a brain scan.  Over the past 23 years myself, wife and 4 kids have had a few minor surgeries and hospital stays and the private rooms were never payed until we were discharged. 

Edited by maximian
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Salty Dog
26 minutes ago, maximian said:

I have just come out from a 4 day stay in hospital and nothing was payed up front, except for a brain scan.  Over the past 23 years myself, wife and 4 kids have had a few minor surgeries and hospital stays and the private rooms were never payed until we were discharged. 

But did you have to pay any portion of the hospital expenses while the charges were adding up and prior to the final bill at discharge?

I had a P1,400,000 hospital bill. I can't imagine too many hospitals in the Philippines waiting until discharge before asking for any monies. While I didn't pay upfront for everything, they did ask me to make a payment every week or so as the charges added up.

Edited by Salty Dog
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cebubird
2 hours ago, maximian said:

I have just come out from a 4 day stay in hospital and nothing was payed up front, except for a brain scan.  Over the past 23 years myself, wife and 4 kids have had a few minor surgeries and hospital stays and the private rooms were never payed until we were discharged. 

Who is "myself"?--lol

IF-IF this indeed happened to you, then that is an AMAZING anomaly. Numerous times family members in hospitals and ALWAYS-ALWAYS had to pay something up front, and every 2/3 days, had to pay more, and NO WAY would they get out of hospital w/o paying. One time had brother of current gov of Cebu involved, and STILL had to pay.

NEVER REPEAT-NEVER have i known or heard of anyone having your experiences, so obviously, for some reason you have extra special privileges. good for you.

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Tullioz
57 minutes ago, cebubird said:

Who is "myself"?--lol

IF-IF this indeed happened to you, then that is an AMAZING anomaly. Numerous times family members in hospitals and ALWAYS-ALWAYS had to pay something up front, and every 2/3 days, had to pay more, and NO WAY would they get out of hospital w/o paying. One time had brother of current gov of Cebu involved, and STILL had to pay.

NEVER REPEAT-NEVER have i known or heard of anyone having your experiences, so obviously, for some reason you have extra special privileges. good for you.

His account sounds reasonable. Here are some posts I shared over a year ago about the law and my experiences with it. In both instances that I was hospitalized, the bill was settled after all was said and done. I was even allowed to pay a few days later in one case and only had to sign a promissory note to leave the hospital. 

Quote

The hospital is not allowed to refuse treatment due to a lack of a deposit or proof of the ability to pay when a person goes to the hospital in an emergency situation or treatment of an illness.  The hospital will ask of course, but once they are aware that you know the law they will admit you without any problem. 

Edited June 26, 2016 by Tullioz

http://www.livingincebuforums.com/topic/95526-an-emergency-visa-card/?do=findComment&comment=125715

Quote

I have been hospitalized twice since living here. neither time did I have to pay a deposit even though both times they asked for one up front. I have also taken many people to the hospital in emergency situations. Once again, no deposit required. 

Quoting laws is not necessary, you just have to speak up and inform them that you are aware that a deposit is not required. Have you ever tried this? It actually works.

Most Filipinos are unaware of this and since it is expected and a common practice, they never question it. Unfortunately a lot of people die because of this ignorance of their rights as a patient. Most hospitals are in it for the money, so they are not going to voluntarily provide this information and will almost always hold out for a deposit up front. 

http://www.livingincebuforums.com/topic/95526-an-emergency-visa-card/?do=findComment&comment=1257174

Quote

My experience has been mostly to here in Davao SPMC, CHDC,and  Adventist, and once in Gen San. but even in Davao City the hospitals initially asked for a deposit. But informing a hospital that you know your rights will go a lot further than people think. Not wishing anyone ill, but I hope the next time a member of the forum has to go to the hospital or take someone, that they will try this and report back with the result. 

 It is a nationwide law and it is no doubt a problem that many hospitals are refusing to admit patients because of a lack of initial funds. but if more people would would speak up for themselves, the hospitals would have no choice but to change their policies especially if they were threatened with lawsuits. The problem is that most Filipinos are passive and prefer to avoid conflict with authority. Then there are many who do not even know the law exists.  It has been an excepted practice for so long that no one questions it when they need to go to the hospital.

This is one of the issues that will be addressed in the near future. 

http://www.livingincebuforums.com/topic/95526-an-emergency-visa-card/?do=findComment&comment=1257293


 

Edited by Tullioz
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A_Simple_Man
12 hours ago, maximian said:

 Over the past 23 years myself, wife and 4 kids have had a few minor surgeries and hospital stays and the private rooms were never payed until we were discharged. 

That is a perfect case of YMMV and an excellent example of how Philippine society judges people on how they look and/or who they know.  I have ZERO doubt that, over the past 23 years, you either got to know the right people or you look the part of someone who has no difficulty paying their bills.  I am not so lucky, and many others I have visited in various hospitals are not so lucky, however I have known some expats who were smart enough to make "connections" in advance of needing any hospitalization and it has worked to their advantage.

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Jim_in_Jax
9 hours ago, Tullioz said:

The problem is that most Filipinos are passive and prefer to avoid conflict with authority.

My wife needs to be hospitalized again this month and was unaware of this law.  I told her that I was going to reference it if they demand payments up front, in as polite manner as I can.  She has forbidden me to confront them about this if it happens as she's afraid of repercussions of some sort.

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