An evaluation of the implications of R.A. 9439 and its implementing rules and regulations, specifically in terms of the financial security measures on private hospitals

• Main Author: Salvador, Christopher Sam S., Jr.
• Format: text
• Language: English
• Published: Animo Repository 2009
• Subjects: Hospitals—Admission and discharge—Law and legislation—Philippines; Hospitals—Philippines—Finance; Government aid to hospitals—Philippines; Business Administration, Management, and Operations
• Online Access: https://animorepository.dlsu.edu.ph/etd_masteral/6149; https://animorepository.dlsu.edu.ph/cgi/viewcontent.cgi?article=12991&context=etd_masteral
• Institution: De La Salle University

Republic Act 9439 or known as the Hospital Detention is an act of Social Legislation. Social Legislations are acts of the Legislature that is meant to promote social justice. Social justice means those who have less in life should have more in law. This is the thrust of the Hospital Detention Law. Hospital Detention is meant to diminish, if not prevent the practice of detaining the patients who can’t pay their medical bills. By detaining their patients, some private hospitals in some way are able to secure, albeit not legally, payment for the bills. While it is already declared illegal to detain patients, this is so explicitly provided in the Revised Penal Code, the law reiterates the illegality of this practice. But, what this law provides that the revised penal code doesn’t is the remedy given to the patients of preventing that practice. If the patient executes a promissory note secured by a mortgage or a guarantee, the private hospitals are forced by law to release their patients and their medical papers. This remedy is not provided in previous laws. However, this very same remedy is the bone of contention of private hospitals. The immediate release without scintilla of security threatens their financial security. Here rise the question of mortgage, guarantee and whether they can really rely on this security. Striking a balance between the two is a difficult task let alone to implement. Legal research and opinions of experts in the field of law, medicine and hospital administrators will be utilized. As well as opinions of common people and past patients will be presented in this research to see the other side of the spectrum. The research showed that this is merely a short term solution to the problem; the real problem at hand: the medical system of the country; short term in the sense that it frees the hospital from financial constraints and the patients from the practice of private hospitals.