According to the Philippine Constitution, Republic Act No. 8344 is an act that was passed in 1997 that states it is:
"AN ACT PENALIZING THE REFUSAL OF HOSPITALS AND MEDICAL CLINICS TO ADMINISTER APPROPRIATE INITIAL MEDICAL TREATMENT AND SUPPORT IN EMERGENCY OR SERIOUS CASES, AMENDING FOR THE PURPOSE BATAS PAMBANSA BILANG 702, OTHERWISE KNOWN AS "AN ACT PROHIBITING THE DEMAND OF DEPOSITS OR ADVANCE PAYMENTS FOR THE CONFINEMENT OR TREATMENT OF PATIENTS IN HOSPITALS AND MEDICAL CLINICS IN CERTAIN CASES"
"
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."
sources: http://newsinfo.inquirer.net/, RA 8344, RA 9439 and Senate.gov.ph
