- Duterte signs bill that will make it illegal for hospitals and clinics to turn away emergency patients.
- Hospitals and clinics' licenses may be taken away after three strikes.
- However, there are loopholes that everyone should be aware of.
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President Rodrigo Duterte has signed a bill stating stiffer penalties for hospitals and clinics which will refuse treatment of emergency patients who cannot put up the deposit upon entering the premises.
The Anti-Hospital Deposit Law will be amended by Republic Act 10392; this means that clinics and hospitals will not be able 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.”
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Under the law, “any official, medical practitioner or employee of a hospital or medical clinic who violates the provision of this act shall, upon conviction by final judgment, be punished by imprisonment of not less than six months and one day but not more than two years and four months, or a fine of not less than P100,000, but not more than P300,000.00 or both at the discretion of the court.”
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Additionally, “if such violation was 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 such policy shall, upon the conviction by final judgement, suffer imprisonment of four to six years, or a fine of not less than P500, 000 but not more than P1, 000,000 or both at the discretion of the court.”
If a facility has more than three violations, the Department of Health (DOH) can revoke their license. However, there is a loophole stating that hospitals and clinics may refuse services if they are ill equipped to deal with the nature of the emergency.
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According to a report by the Inquirer, “Attending physicians are allowed to transfer patients to another facility that can provide appropriate care only after necessary emergency treatment and support has been given to stabilize the patient.”
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