Health Omnibus Law Series – Health Law Replaces Law No. 44 of 2009 on Hospitals

This Newsflash is a part of our Health Omnibus Law Newsflash Series on the issuance of Law No. 17 of 2023 dated August 8, 2023 on Health (the “Health Law”). The Health Law governs a wide range of topics in the health sector, including provisions on hospital matters. The Health Law repeals and replaces several laws including Law No. 44 of 2009 dated October 28, 2009 on Hospitals (the “Hospital Law”).

This Newsflash discusses the pertinent changes on hospitals. Please see below the notable provisions related to Hospitals under the Health Law.

♦ General Overview on Hospitals

Previously, the Hospital Law defined a hospital as a health service institution that organizes a complete individual health services that provides inpatient, outpatient and emergency services. As for patients, under the Hospital Law a patient was defined as any person who consults about his or her health problems to obtain the necessary health services, either directly or indirectly at a Hospital.

Now, the Health Law introduces more thoroughs definitions of a hospital and a patient. Under the Health Law, a hospital is defined as a health service facility that organizes a complete individual health services through promotive, preventive, curative, rehabilitative and/or palliative health services by providing inpatient, outpatient and Emergency Care services. A patient is defined as any person who obtains the health services from medical personnel and/or healthcare personnel.

♦ Notable Changes in Health Law

In the Hospital Law, a hospital could be designated as a teaching hospital after the requirements and standards were met. It was also stated that the title of teaching hospitals would be determined by the Minister of Education and Culture of the Republic of Indonesia.

The Health Law now regulates certain new provisions about teaching hospitals, including the new definition of a teaching hospital which is defined as a hospital that has a function as a place of education, research and healthcare services in an integrated manner in the education for medical personnel and healthcare personnel sector as well as multi-professional continuing education.

Under the Health Law, a teaching hospital shall cooperate with a higher education institution to organize an academic education program, a vocational program, and a professional program, including a specialist, or a subspecialist program. In organizing the education, a teaching hospital must meet the requirements, standards and accreditation.

After such fulfilment of the requirements as stated above, the Minister of Education and Culture, along with the relevant accreditation bodies, will grant a permission to a teaching hospital.

♦ Obligations and Rights of Hospitals and Patients

Obligations of Hospitals

Pursuant to the Health Law, a Hospital is required to perform the following obligations:

      1. to provide correct information about Hospital services to the public;
      2. to provide the health services that is safe, quality, anti-discriminatory with prioritizing patients’ interests in accordance with hospital service standards;
      3. to provide emergency services to patients according to their service capabilities;
      4. to play an active role in providing health services in the event of disasters according to its services ability;
      5. to provide facilities and services for underprivileged community or people;
      6. to carry out social functions, among others, by providing service facilities for underprivileged patients, emergency services without down payment, free ambulance, service for victims of disasters and extraordinary events, or social services for humanitarian missions;
      7. to create, implement, and maintain the quality standards of health services in hospitals as a reference in serving patients;
      8. to organize medical records;
      9. to provide proper public facilities and infrastructures, including places of worship, parking lots, waiting rooms, facilities for persons with disabilities, breastfeeding women, children and the elderly;
      10. to implement a referral system;
      11. to reject the patient’s wishes that are contrary to professional and ethical standards and applicable regulations;
      12. to provide correct, clear and honest information regarding the rights and obligations of a patient;
      13. to respect and protect the rights of a patient;
      14. to implement the hospital ethics;
      15. to have an accident prevention and disaster management system;
      16. to implement the government programs in the health sector, both regionally and nationally;
      17. to make a list of medical personnel who practice medicine or dentistry and other healthcare personnel;
      18. to formulate and implement internal regulations of the Hospital;
      19. to protect and provide legal assistance to all of the staff members of the hospital in carrying out their tasks; and
      20. to enforce the entire hospital environment as a smoke-free area.

The Health Law does not introduce any changes with respect to the obligations of hospitals as listed above. However, the Health Law introduces a set of obligations for Health Services Facilities which include hospitals. Therefore, a hospital will be subject to the following obligations set out for the Health Services Facilities:

      1. to provide broad access to the needs of services, education, research and service development in the health sector;
      2. to organize quality health services and prioritizing a patient’s safety;
      3. to organize medical records;
      4. to report on the results of services, education, research and development to the Central Government with a copy to the relevant Regional Government through the Health Information System;
      5. to make efforts to utilize the results of services, education, research and development in a system as an effort to overcome health problems in the regions; and
      6. to establish the standard operating procedures with reference to health services standards.

Rights of Hospitals

The Health Law stipulates that a hospital has the following rights:

      1. to determine the number, types, and qualifications of human resources according to the hospital’s classification;
      2. to receive compensation for services and determine remuneration, incentives, and awards according to the provisions of laws and regulations;
      3. to cooperate with other parties in developing services;
      4. to receive assistance from other parties in accordance with the provisions of laws and regulations;
      5. to claim any party that causes losses to the hospital;
      6. to obtain legal protection in implementing health services; and
      7. to promote health services in hospitals in accordance with prevailing laws and regulations.

Obligations of Patients

In relation to the obligations and rights of patients, the Health Law determines the following obligations of patients:

      1. to provide complete and honest information about their health problem;
      2. to comply with the advice and instructions of Medical Personnel and Healthcare Personnel;
      3. to comply with the provisions that apply to Health Service Facilities; and
      4. to pay compensation for services received.

Rights of Patients

Patients have the following rights:

      1. to obtain information about their own health;
      2. to obtain adequate explanation regarding the Health Services they receive;
      3. to obtain the Health Services in accordance with medical needs, professional standards, and services quality;
      4. to refuse or agree to any medical action, except for a medical action required for prevention of infectious diseases and management of outbreaks or extraordinary events;
      5. to have an access to the information contained in the medical records;
      6. to ask for the opinion of Medical Personnel or Healthcare Personnel; and
      7. to obtain other rights in accordance with applicable laws and regulations.

We note that the Health Law does not introduce any major change with respect to the obligations and rights of Hospitals and Patients as set out under the previous Hospital Law.

♦ Hospital Legal Protection and Legal Responsibility

The Health Law provides that a hospital is not legally responsible if a patient and/or his or her family refuses or discontinues a treatment which may result in the death of the patient after a comprehensive medical explanation.

A hospital may not be prosecuted for carrying out its duties in saving human lives.

As to the legal responsibility, the Health Law provides that a hospital may be held legally responsible for all losses incurred due to negligence carried out by the health personnel of the hospital.

Please note that the implementing regulations of the Hospital Law continue to be valid as long as the regulations are not contrary to the Health Law.

 

September 19, 2023

AKSET

Please contact Johannes C. Sahetapy-Engel (jsahetapyengel@aksetlaw.com), Thomas P. Wijaya (twijaya@aksetlaw.com), or Rae Chalista (rchalista@aksetlaw.com) for further information.

 

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