A: There is a law (Republic Act 9439) that punishes hospitals that refuse to discharge patients that are unable to pay.
A: R.A. 9439 is defined as “An Act Prohibiting the Detention of Patients in Hospitals and Medical Clinics on Grounds of Nonpayment of Hospital Bills or Medical Expenses”
A: All patients except those that stay in private rooms.
A: Yes. Even partially recovered patients are covered by R.A. 9439, if they wish to be discharged.
A: Yes. The patient must provide a promissory note covered by a mortgage or a guarantee of a co-maker.
A: Hospitals are required by the Department of Health (through the Implementing Rules and Regulations of R.A. 9439 – DOH A.O. 2008-0001) to have a written policy on the issuance of promissory notes as well as the submission of mortgage or guarantee. A patient or concerned relative should request for the written policy from the hospital. If the hospital refuses to provide the policy or does not have one, such must promptly be reported to the DOH.
A: No. The law also requires the hospital to provide these documents and punishes hospitals that do not comply.
A: Yes. The relatives must provide a promissory note covered by a mortgage or signed by a co-maker.
A: No. The release of the body is mandatory.
A: The law provides that:
“Any officer or employee of a hospital or medical clinic responsible for releasing patients who has been found to commit any violation of R.A. No. 9439 and its implementing rules and regulations shall be punished by either a fine of not less than Twenty Thousand Pesos (P20,OOO) but not more than Fifty Thousand Pesos (P50,000), or imprisonment of not less than One (1) Month but not more than Six (6) months, or both such fine and imprisonment, at the discretion of the proper court.”
A: There is no legal obligation for an employer to co-sign, unless it is provided for by the contract. Whether to sign or not is a judgment call on the part of an employer; but be aware of the legal implications.
A: You will be “jointly and severally liable”. This means that the hospital will be allowed to collect from you without any conditions, and regardless of whether they first try to collect from the patient.
A: Yes. As a co-signatory, the hospital can collect from you directly, regardless of whether the patient is still employed with you or not.
A: Each hospital will have their own rules so it is best to check the specific policy of the hospital; but, other suggestions would be for relatives of the patient to co-sign.