IMPLEMENTING RULES AND REGULATIONS OF BATAS PAMBANSA BLG. 702: AN ACT PROHIBITING THE DEMAND OF DEPOSITS OR ADVANCE PAYMENTS FOR THE CONFINEMENT AND TREATMENT OF PATIENTS IN HOS…
Health (now the Department of Health) to promulgate the necessary rules
and regulations to carry out the provisions of the said Act, the
following are hereby issued:
1. Section 1 of said act provides: “It shall be unlawful for
any director, manager or any other officer of a hospital or medical
clinic to demand any deposit or any other form of advance payment for
confinement or treatment in such hospital or medical clinic in emergency
or serious cases.”2. For the purpose of implementing the above, the following definitions are provided:
2.1 Hospital — shall refer to a place devoted
primarily to the maintenance and operation of facilities for the
diagnosis, treatment and care of individuals suffering from illness,
disease, injury or deformity, or in need of obstetrical or other medical
and nursing care. The term hospital shall also be construed as any
institution, building or place where there are installed beds, or cribs
or bassinets for twenty-four hour use or longer by patients in the
treatment of diseas, diseased conditions, injuries, deformities, or
abnormal physical and mental states, maternity cases and all
institutions such as those for convalescence, sanitorial care,
infirmaries, nurseries, dispensaries and such other names by which they
may be designated (R.A. 4226).2.2 Medical Clinic — shall refer to a health facility where evaluation and treatment is given to patients.
2.3 Director, manager or officer — any employee
of the hospital or medical clinic acting in behalf of such hospital or
clinic in pursuit of written or verbal instructions to implement a
standards procedure or policy.2.4 Demand for deposit or any form of advance payment
— any request, requirement or demand which stipulates actual payment in
cash or kind prior to the commencement of or the proper completion of
medical diagnosis and treatment.2.5. Emergency — shall refer to a condition or
state of the patient of sudden onset where there is immediate danger and
which delay in initial and appropriate treatment may cause loss of
life.2.6 Serious Case — refers to a condition of a patient characterized by gravity or danger which when left unattended may cause loss of life.
2.7 Confinement — shall refer to a state or process of being kept in a hospital for diagnosis, treatment or observation.
2.8 Treatment — a regimen of medical or
surgical actions whose objectives are to prevent loss of life or damage
to human organs and to restore normal and stable bodily functions.3. In order to demonstrate compliance with the Act’s
provisions, all hospitals and medical clinics are instructed to
institute the following measures.3.1 A copy of the law and this implementing regulation should be
displayed prominently at hospital emergency rooms, hospital admission
counters and medical clinic premises.3.2 Hospital and clinic managers shall instruct their personnel
to provide prompt and immediate medical attention on emergency and
serious cases without any prior requirements for payment or deposit.3.3 Hospital and clinic managers shall establish billing and
collection procedures for treatment or confinement of emergency and
serious cases which shall not commence until the essential appropriate
treatment of such cases has been completed. “Essential appropriate
treatment” refer to the basic regimen of medical and surgical actions
necessary to stabilize an emergency or serious case that are within the
capability of the hospital or clinic.3.4 It is clarified that the law and this administrative order
covers only the provision of medical or surgical goods and services, and
do not cover the provision of non-medical amenities (such as types of
accommodation, meals for patient companions, etc.) which have nothing to
do with the treatment of the emergency or serious case. The provisions
of and payment for these non-medical amenities shall be subject to
appropriate institutional business practice.4. Alleged violations of the Act and this order may be
reported to the Bureau of Licensing and Regulations, Office for
Standards and Regulations, Department of Health, Sta. Cruz, Manila, or
at the nearest Provincial Health Office or Regional Health Office.5. Investigation shall be conducted by the Bureau of
Licensing and Regulations and the finding shall be referred to the
appropriate fiscal for criminal prosecution. Persons convicted of
violation shall be punished in accordance with the Act.6. At the instance of the Bureau of Licensing and
Regulations, administrative proceeding may also be pursued against
erring clinics or hospitals that could lead to either suspension or
revocation of appropriate licenses.
These Rules and Regulations shall take effect fifteen (15) days after
publication in the Official Gazette or in a newspaper of general
circulation.
Adopted: 20 March 1990
(SGD.) ALFREDO R.A. BENGZON, M.D.
Secretary