Can a hospital impose an obligation on patients to deposit valuables, including cash, in a hospital depository? Does it have the right to restrict their access to these items during their hospitalisation?
According to the law, a patient staying in a 24-hour medical facility has the right to keep valuables on deposit. The costs of exercising this right shall be borne by the hospital, unless otherwise provided by separate legislation.
A patient who is in hospital and who gives his/her belongings for deposit should receive a receipt for these belongings. A member of staff at the facility will then issue an original deposit slip and a copy should be kept in the deposit book. Valuables are deposited and handed over by a person designated by the head of the facility. This employee also keeps the deposit book.
The hospital is obliged to exercise the patient's right to keep valuables on deposit. The patient, on the other hand, does not have to exercise this right, nor can the patient be compelled in any way to deposit valuables. It is also unjustified to restrict patients' access to deposited items. The law also does not contain regulations that would make the release of items from the deposit to the patient conditional on a written request or the consent of hospital staff, such as the head of the department.
The position of the Patient Ombudsman on this issue was confirmed by the Voivodship Administrative Court in Warsaw in its judgment of 31 January 2017, ref. VII SA/Wa 763/16, cited: The provision of Article 39 of the aforementioned Act sets out the patient's right to keep valuables on deposit, not his obligation. The patient does not have to exercise this right, nor can the patient be compelled in any way to place valuables on deposit. No restrictions can be placed on the handing over of deposit items to patients.
Legal basis:
Article 39 of the Act of 6 November 2008 on Patients' Rights and Patients' Ombudsman.
Ordinance of the Minister of Health of 30 July 2009 on the maintenance of a depository in an inpatient health care facility.
Source: www.gov.pl/web/rpp/