DOH to mandate private hospitals to be transparent in rules on charity beds

MANILA, Philippines – The Department of Health (DOH) has vowed to issue an administrative order (AO) ordering private hospitals to be transparent in their rules on charity beds.

“We can issue an administrative order ordering the hospitals to state that there are several beds open for charity beds,” DOH Secretary Ted Herbosa said during a press conference with the Valenzuela City local government unit (LGU) on Monday, December 23.

“The problem with our health system is that the costs vary. It’s been a long time since we start pushing for private hospitals to post their a table of their standard fees on their facilities, so their patients would know the possible costs in the moment they enter the facility,” Herbosa added in a mix of Filipino and English.

In the Philippines, there are varying rules on hospital beds depending on the type of the hospital. Republic Act (RA) No. 1939 requires all government hospitals to allot 90% of its bed capacity for free or charity, while the remaining 10% for paying patients. For privately owned hospitals, DOH AO No. 2007-0041 mandates these establishments to allot 10% of their bed capacity as PhilHealth or charity beds.

“Remember this well because this pact is hidden. This is a requirement to all private hospitals,” Herbosa noted.

‘Palit-ulo’ scheme

The issue on charity beds was triggered by a controversy dubbed “palit-ulo” scheme involving a private hospital. At least seven patients came forward and sought the help of the Valenzuela City LGU after their family members were allegedly detained for failing to pay their respective hospital bills. Four of these victims filed complaints.

Lovery Magtangob said she was detained, and ACE Medical Center refused to release the death certificate of her deceased relative. Magtangob said the hospital only gave them a probational death certificate, also informing them that one of their relatives should stay at the hospital while the bill is yet unsettled.

She filed a complaint with the prosecutors, and Judge Marita Iris Laqui Genilo of the Metropolitan Trial Court Branch 109 issued warrants of arrest against three hospital staff for grave coercion when the case reached the court.

Another victim, Nerizza Zafra, gave birth in the hospital in 2017 and remained confined with her daughter for over a month. Her bill reached almost half a million, but was only able to pay around P200,000. The hospital did not allow them to resort to a promissory note, so they sought the assistance of the Public Attorney’s Office.

Zafra and her daughter were finally allowed to go home after challenging the hospital. However, since they failed to pay the remaining bill, the medical center did not register her daughter’s birth certificate.

On Friday, December 20, Valenzuela City Mayor Wes Gatchalian and 1st District Councilor and LAMP-SINAG Office lawyer Bimbo dela Cruz confirmed that Magtangob, Zafra, and other victims reached an agreement with the hospital, adding that the four victims had already retracted their complaints. Gatchalian said ACE Medical Center also agreed to give each of the four victims P1 million in “financial assistance.”

“So I would like to take this opportunity to remind our private hospitals that I also would like to remind our private hospitals here in Valenzuela that we have Ordinance 1178, authored by Atty. Bimbo de la Cruz, about our anti-detention policies,” the city mayor added.

Apart from the city ordinance, there are existing laws that protect the rights of the people admitted in hospitals. RA No. 9439 prohibits the detention of individuals in hospitals or medical clinics because of their failure to pay hospital bills, while RA No. 10932 made it illegal for hospitals and medical clinics to demand deposits or advanced payments for confinement or treatment of patients in certain cases.

Besides, in the absence of any legal basis provided by laws or a court order, no person shall be arrested or detained against their will. But despite these rules, why do some hospitals still resort to illegal detention?

“The fines are small, they are small. Maybe there’s a need to amend the law and increase the fine,” said Herbosa. – Rappler.com

*Some quotes were translated into English for brevity.