TEMPO.CO, Jakarta - THE Mitra Keluarga Kalideres hospital in West Java blatantly violated Health Law No. 36/2009 when it refused to treat a patient before a cash deposit had been made. This violation clearly warrants firm sanctions from the health ministry.

It is too late for the hospital to make vain attempts to save its face by returning the money already paid by the couple Rudianto Simanjorang and Henny Silalahi. The money will not bring back to life their baby, Tiara Debora.

The hospital's argument that they had given emergency treatment upon Debora's admission two weeks ago also fell flat. Mitra Keluarga had refused to put the baby in the pediatric intensive care unit because her parents were unable to make the required deposit. The four-month-old baby finally died before she could be transferred to another hospital.

Born prematurely, baby Debora indeed was malnourished and suffered bronchitis. The attending doctor must have understood the risks should the baby not receive prompt intensive care. The health ministry's regulation stressed that hospitals must first treat and stabilize a patients condition before a referral to another hospital can be made.

In addition, article 32 of the Health Law also obligates healthcare facilities, be it the government or private, to provide emergency services to prevent death or disabilities. The law clearly and unmistakably forbids hospitals to turn away patients or demand deposits in health emergencies. The Mitra Keluarga hospitals ignorance about these stipulations is clearly a gross negligence that resulted in otherwise preventable death.

The government and the House of Representatives (DPR) enacted the health law so that hospital among others does not calculate every cent of their services based solely on profit and loss equation. The main purpose of health institutions is to save lives. Therefore, it is beyond absurd when a hospital lets a patients life hang in the balance because its cashier has not received the deposit.

Debora's death is even more tragic given her parents status as members of the national health plan (BPJS), who should have received good and timely service. Although it is not BPJS' partner, Mitra Keluarga should understand that BPJS holders have their health insurance guaranteed by the government.

Similar cases have preceded Debora. There have been numerous public complaints of increasingly commercial hospitals. And it is the poor who always get the short end of the stick, with no or little access to decent healthcare. This condition should precisely be countered by the national social security system implemented through the BPJS. The case also highlights the fact that the BPJS still has a lot of homework in store, particularly in soliciting the participation of more hospitals in the program.

The answer now lies in the hand of the government. A comprehensive investigation into the case is needed to shed further light on the case and identify weak points that need to be addressed. Needless to say, sanctions are also crucial in preventing more tragedies.

Read the full story in this week’s edition of Tempo English Magazine