Hospital Detention Act

In the past year, several private hospitals across the country have been forced to close shop because of the exodus of health professionals for better paying jobs overseas. Now several of the hospitals that have remained open may also shut down or suspend their operations if they are compelled to provide free medical services to anyone who walks into their facilities.

The compulsory free medical service is effectively the consequence of Republic Act 9439 or the Hospital Detention Act, which bars hospitals from refusing to release patients who cannot settle their medical bills. There are people who see the refusal as virtual detention, and are glad that a law has been passed against it. But hospital owners fear that the new law, passed last April, could kill their business.

Both sides have valid arguments, and a compromise will have to be worked out if hospitals are to remain viable without appearing heartless. Health care does not come cheap, and private hospitals, like other businesses, need revenue to survive. They also need to turn a profit to stay in the business, upgrade their facilities and expand to accommodate rising demand for medical services from a booming population.

State-supported health maintenance organizations can step in to help private hospitals set up facilities for charity or with partly subsidized rates, so that those who can’t afford regular rates need not resort to swindling a hospital to receive proper health care.

The intent of the Hospital Detention Act is noble and humane; no one must be deprived of proper health care. Refusing to release a patient who cannot settle his hospital bills smacks too much of illegal detention. But the consequences of the new law could prove disastrous for the health care industry, which is already suffering from an acute lack of nurses, doctors and other health professionals. Unless a compromise is reached, public health care will be the casualty in this battle. - abs-cbn news