Dear PAO,

During the height of the Covid-19 pandemic, my mother got hit with Covid really bad that we had to rush her to the nearest public hospital. Unfortunately, the hospital refused to treat her because we were not able to pay a deposit as requested. Is it right for the hospital to turn away patients for nonpayment of deposit?

Denessa

Dear Denessa,

Please be informed of Section 1 of Batas Pambansa Bilang 702, as amended by Republic Act 10932, which states that:

“Section 1. In emergency or serious cases, it shall be unlawful for any proprietor, president, manager or any other office, and/or medical practitioner or employee of a hospital or medical clinic 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, confinement or medical treatment of a patient in such hospital or medical clinic or to refuse to administer medical treatment and support as dictated by good practice of medicine to prevent death, or permanent disability, or in the case of a pregnant woman, permanent injury or loss of her unborn child or noninstitutional delivery: Provided, That by reason of inadequacy of the medical capabilities of the hospital or medical clinic, 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 consents to said transfer and after the receiving hospital or medical clinic agrees to the transfer:”

Based on the above-stated law, requesting, solicitation, demanding, or accepting of deposit or other form of advance payment as a prerequisite before the administration of basic emergency care to any patient, confinement or medical treatment during emergency or serious cases is considered illegal. Under the law, an emergency refers to a condition or state of a patient wherein based on the objective findings of a prudent medical officer on duty for the day there is immediate danger and where delay in initial support and treatment may cause loss of life or cause permanent disability to the patient, or in the case of a pregnant woman, permanent injury or loss of her unborn child, or would result in a noninstitutional delivery. On the other hand, a serious case refers to a condition of a patient characterized by gravity or danger wherein based on the objective findings of a prudent medical officer on duty for the day when left unattended to, may cause loss of life or cause permanent disability to the patient, or in the case of a pregnant woman, permanent injury or loss of her unborn child. (Sec. 2, Id.)

Should an official, medical practitioner or medical employee violate this prohibition, he or she may be punished with imprisonment from six months and one day to two years and four months, or fine ranging from P100,000 to P300,000 or both at the discretion of the court. (Sec. 4, Id.). Therefore, the refusal of the nearest public hospital to treat your mother simply because you failed to give a deposit could subject its responsible employees to criminal liability if your mother’s condition at that time falls within the definition of serious or emergency case.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.