ILOILO – A new provincial ordinance penalizes patients lying about their true health condition during a state of public health emergency or pandemic such as the ongoing coronavirus disease 2019 (COVID-19). These patients face a fine of as much as P5,000 and imprisonment for one year.
“Patients (must) truthfully disclose vital information,” read part of Provincial Ordinance No. 2020-223, so that “health practitioners could come up with a more precise diagnosis or a more responsive medical intervention.”
The objective is “to safeguard the health and security of everyone,” it stressed.
“For example, you went to a hospital for a checkup but did not disclose to your doctor you are a person under investigation or person under monitoring for coronavirus disease, or worse, you hid the fact that you tested positive for the virus. You are jeopardizing the whole hospital,” said Vice Gov. Christine Garin who presided the Provincial Board in passing the new ordinance.
Honesty is important to prevent a contagion, stressed Garin, proponent of the new ordinance.
Section 3 of the ordinance read: “A patient, or any person acting on his behalf, who is found to have knowingly and deliberately made material misrepresentation, committed dishonesty or withheld relevant information from a medical professional or his assistant during a state of public health emergency as declared by the National Government or a pandemic as declared by the World Health Organization shall be punished by an imprisonment of one year and a fine ranging from P1,000 to P5,000 at the discretion of the court.”
The ordinance describes a patient as someone who “seeks medical attention or advice from a medical professional, whether in confinement or out-patient.”
On the other hand, a medical professional is someone “engaged in providing medical care, concerned with promoting, maintaining, or restoring health through the study, diagnosis, prognoses and treatment of disease, injury, and other physical and mental impairments.”
Garin stressed that Provincial Ordinance No. 2020-223, approved on March 31, applies only during a state of public health emergency or pandemic.
Just this Monday, April 13, Cabinet Secretary Karlo Nograles said patients who refuse to disclose truthful information to the Department of Health (DOH) in relation to their COVID-19 treatment will face penalties.
Nograles, spokesperson for the Inter-Agency Task Force for the Management of Emerging Infectious Diseases, reiterated in his virtual media briefing that the mandatory disclosure of vital information is in accordance to the Republic Act (RA) 11332 or the Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act.
“Nakapaloob sa batas na iyon, sa violators of this Act, may kaso po,” the Cabinet Secretary said. “Hindi po sila puwedeng mag-refuse to disclose information. Kailangang magsabi sila ng totoo.”
Under Republic Act 11332, any person who fails to report information about any notifiable disease that is of public concern will be fined up to P50,000 or face up to six months of jail time.
RA 11332 was the same law used as basis of President Rodrigo Duterte to place the Philippines under a state of public health emergency last month over the increasing number of COVID-19 cases.
DOH will soon issue corresponding guidelines on proper disclosure and harmony of necessary provisions on data privacy.
RA 10173 or the Data Privacy Act protects the right to privacy and non-disclosure of medical records of patients.
On Sunday, Nograles said the Inter–Agency Task Forcefor the Management of Emerging Infectious Diseases of the national government has adopted the policy of mandatory public disclosure of personal information relating to COVID-19 cases “to enhance the contact tracing efforts of the government.”/PN
