LabanPH

Hospital Detaining a Patient / Remains Over an Unpaid Bill

A hospital is holding a discharged patient โ€” or withholding a deceased relative's remains โ€” because the bill is partially or fully unpaid. This is prohibited by the Anti-Hospital Detention Act (RA 9439, 2007): under ยง2 the patient must be allowed to leave upon executing a promissory note for the unpaid amount secured by a mortgage or a co-maker who is jointly and severally liable, and under ยง3 a violating officer or employee faces a โ‚ฑ20,000โ€“โ‚ฑ50,000 fine, or 1โ€“6 months imprisonment, or both. Private-room patients are excepted.

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Legal Basis in the Philippines

  • โ€ข RA 7394 (Consumer Act) โ€” consumer protection against unfair trade practices
  • โ€ข BSP Circular 1048 โ€” prohibited debt collection practices

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