BY TONY CHAVEZ
The Department of Health (DOH) Health Facilities and Services Regulatory Bureau (HFSRB) has resolved four complaints of “Palit Ulo” that allegedly occurred in a private hospital in Valenzuela City.
The DOH Metro Manila Center for Health Development (MMCHD) conducted thorough investigations regarding the factual circumstances surrounding the complaints lodged as Zafra v. ACE Medical Center Valenzuela, Alvaro v. ACE Medical Center Valenzuela, Magtangob v. ACE Medical Center Valenzuela, and Ignacio v. ACE Medical Center Valenzuela. Thereafter, the HFSRB at the DOH central office carefully referred to applicable law and jurisprudence to arrive at its decisions. While all four claims have varied circumstances, they had common allegations that the private hospital unlawfully detained relatives of patients until outstanding medical bills were settled. The practice, colloquially referred to as “Palit Ulo,” involved requiring relatives of patients to have a replacement person present if they wished to leave the premises for necessities.
On September 18, 2024, HFSRB found ACE Medical Center Valenzuela not guilty in two (2) of the complaints on alleged detention – Alvaro v. ACE Medical Center Valenzuela, and Magtangob v. ACE Medical Center Valenzuela. The HFSRB found that Republic Act No. 9439 or the Anti-Hospital Detention Law is in the nature of a penal law, well beyond the limited administrative powers of the DOH. The two cases were dismissed for the reason that the DOH is not the appropriate government tribunal with the power to enforce the Anti-Hospital Detention Law.
Meanwhile, HFSRB found ACE Medical Center Valenzuela liable in the Zafra and Ignacio cases.
In the Zafra case, HFSRB found that ACE Medical Center Valenzuela failed to register the birth of the complainant’s daughter because of an outstanding bill. This prevented the child from enrolling in school, thus violating DOH Department Circular No. 2020-0120 and Administrative Order No. 2012-0012, which mandate that all hospitals must register births, regardless of the financial status of the parents.
In the Ignacio case, HFSRB found that the hospital misrepresented a room with two beds but without a partition as a private room, and failed to comply with the interim guidelines on step-down care for COVID-19 response, as outlined in DOH Department Memorandum No. 2020-0178.
Consequently, the DOH has imposed an administrative fine of Php 30,000 on ACE Medical Center Valenzuela as a penalty for second offense for noncompliance with the standards set by the Department.
“The DOH will not tolerate and shall act on any administrative violations by our healthcare institutions. For alleged violations of statutory laws that require judicial intervention beyond our powers, we urge the concerned parties to seek justice before the proper courts. We will continue to monitor and enforce compliance across all hospitals and medical facilities to guarantee that they meet the administrative and licensing standards set forth by the Department, prioritizing the welfare of the public at all times,” said Health Secretary Teodoro J. Herbosa.
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