Republic Act No. 8344 is an act that penalizes the refusal of

hospitals and medical clinics to administer appropriate initial

medical treatment and support in emergency or serious cases.

Section 1 of the act provides that in emergency or serious cases, it

shall be unlawful for any officer, medical practitioner or employee

of any hospital or medical clinic to demand a deposit or any form of

advance payment as a requirement for confinement or medical

treatment of a patient in such condition. An emergency or a serious

case is deemed to be a state of the patient wherein based on the

objective findings of a prudent medical officer on duty for the day,

any delay in initial support or treatment may cause the loss of life

or permanent disability to the patient. 1

It also provides that in case of inadequacy of the medical

capabilities and facilities of the hospital where the patient is

currently staying, the patient can be transferred to the nearest

facility that can provide the appropriate care, with the consent of

the patient or his nearest kin if the patient is unconscious, or if the

patient is unaccompanied and unconscious, even without his

consent.2 The hospital is required to use all forms of media to

contact the next of kin of the unaccompanied minor or patient.3

The law also provides requirements for the transfer of the patient

such as: the transferring and receiving hospital or facility should as

much as practicable within 10 kilometers in radius from each

other4 as well as complete and proper documentation of the

transfer of the patient. 5

A copy of the law and its implementing rules and regulations are

required to be displayed prominently at hospital emergency rooms,

admissions, counters and medical clinic premises.6 The hospital and

clinic managers shall establish billing and collection procedures

1 Republic Act No. 8344, Section 22 Id. Section 13 Id. Section 4.2.64 Id. Section 3.15 Id. Section 46 Id. Section 6.1

only after the essential appropriate treatment of such emergency

cases has been completed.7

7 Id. Section 6.2