Can hospitals demand prior payment before catering to an emergency?

Can hospitals demand prior payment before catering to an emergency? "We went through difficult times a couple of weeks ago. Sadly, our situation became even more worse when one hospital refused to give us the necessary emergency care and treatment without any prior payment. Such requirement would have been acceptable on our part if only it did not cause us unnecessary delay. Can hospitals really demand a prior payment before catering to an emergency?HappyDear Happy,The answer to your query is no. To elucidate this point, allow me to lead your attention to Republic Act 10932, otherwise known as ""An Act Strengthening the Anti-Hospital Deposit Law."" Succinctly, Section 1 of the law dictates that it is unlawful for any proprietor, president, director, manager or any other officer 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, viz:""Sec. 1. In emergency or serious cases, it shall be unlawful for any proprietor, president, director, manager or any other officer 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: Provided, however, That when the patient is unconscious, incapable of giving consent and/or unaccompanied, the physician can transfer the patient even without his consent: Provided, further, That such transfer shall be done only after necessary emergency treatment and support have been administered to stabilize the patient and after it has been established that such transfer entails less risks than the patient's continued confinement: Provided, furthermore, That no hospital or clinic, after being informed of the medical indications for such transfer, shall refuse to receive the patient nor demand from the patient or his next of kin any deposit or advance payment: Provided, finally, That strict compliance with the foregoing procedure on transfer shall not be construed as a refusal made punishable by this Act."" (Emphasis and underscoring supplied) Relatedly, Section 2 of the cited law defines basic emergency care as follows:""(i) 'Basic emergency care' – the response to a situation where there is urgently required medical care and attention, and shall include procedures required for initial diagnosis, use of equipment and supplies in sufficiently addressing the emergency situation, considering the welfare of the patient. It also includes the necessary medical procedures and treatment administered to a woman in active labor to ensure the safe delivery of the newborn."" Following the prohibition, in fact, to add more teeth to the law, Section 5 thereof provides for a presumption of liability in the event of death, disability or serious impairment of health disability arising from the denial of basic emergency care due to a policy of prior payment or deposit. Briefly, section 5 reads:""Sec. 5. Presumption of Liability. - In the event of death, permanent disability, serious impairment of the health condition of the patient-complainant, or in the case of a pregnant woman, permanent injury or loss of her unborn child, proceeding from the denial of his or her admission to a health facility pursuant to a policy or practice of demanding deposits or advance payments for confinement or treatment, a presumption of liability shall arise against the hospital, medical clinic, and the official, medical practitioner, or employee involved."" Thus, applying the foregoing law, it must be clear by now that unless covered by the proviso on transfer by reason of inadequacy of the medical capabilities of the hospital or medical clinic, the various practices of hospitals in demanding a prior deposit or payment in any form is not allowed and is punishable by law.We hope that we were able to answer your queries. Please be reminded that 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. Editor's note: Dear PAO is a daily column of the Public Attorney's Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net" - https://www.affordablecebu.com/