Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Constitution Hills, Quezon City
NINETEENTH CONGRESS
First Regular Session
HOUSE BILL NO. _____
___________________________________________________________
Introduced by REPRESENTATIVE BERNADETTE HERRERA
___________________________________________________________
AN ACT
REQUIRING ALL NATIONAL, REGIONAL, AND PROVINCIAL GOVERNMENT
HOSPITALS TO ESTABLISH, OPERATE AND MAINTAIN A DIALYSIS WARD
OR
UNIT
IN
THEIR
RESPECTIVE
HOSPITAL
AND PROVIDING FREE
DIALYSIS TREATMENT TO INDIGENT PATIENTS
EXPLANATORY NOTE
Kidney failure has become the 10th leading cause of death in the Philippines
and is one of the leading causes of hospitalization. According to the University of the
Philippines (UP), around 35,000 Filipinos needed dialysis treatment in 2020 with a
15% increase in cases every year. Experts have also pointed out that a significant
factor of patient death due to this illness is because of missed dialysis treatments,
arguably an avoidable and easily rectifiable circumstance.
Kidney patients from the provinces are often constrained to have to travel all
the way to urban cities in order to receive their dialysis treatment, which is needed
on a regular and sustained basis. This challenge was even aggravated when the
COVID-19 pandemic hit the country which forced the government to implement
massive lockdowns. While the Philippine Health Insurance Corporation (PhilHealth)
has expanded the coverage of dialysis treatment from 90 to 144 sessions in 2021,
there are still added costs in accessing these treatments such as food and
transportation expenses. Moreover, since the treatment must be availed three times
a week or around 156 sessions in a year, Filipinos suffering from renal failure must
cover for the remaining sessions which cost around P4,500 per session on average.
September 8, 2022
9:46 am
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This bill stands as a counterpart to that filed in the Senate by Senator Sonny
Angara, and seeks to unify and expedite the legislative goal of reforming the
healthcare sector by mandating hospitals across the country to establish dialysis
centers and/or wards, and providing free treatment to the indigent.
Hence, for more efficient delivery of healthcare services to the Filipino people,
the immediate approval of this proposed measure is earnestly sought.
BERNADETTE “BH” HERRERA
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Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Constitution Hills, Quezon City
NINETEENTH CONGRESS
First Regular Session
HOUSE BILL NO. _____
___________________________________________________________
Introduced by REPRESENTATIVE BERNADETTE HERRERA
___________________________________________________________
AN ACT
REQUIRING ALL NATIONAL, REGIONAL, AND PROVINCIAL GOVERNMENT
HOSPITALS TO ESTABLISH, OPERATE AND MAINTAIN A DIALYSIS WARD
OR
UNIT
IN
THEIR
RESPECTIVE
HOSPITAL
AND PROVIDING FREE
DIALYSIS TREATMENT TO INDIGENT PATIENTS
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
Section 1. Short Title. – This Act shall be known as the "Dialysis Center
Act."
Sec. 2. Declaration of Policy. – It is the declared policy of the State to
improve the delivery of health care services to the people and to ensure hospital
facilities are available, affordable and accessible to the people.
Sec. 3. Definition of Terms. – For purposes of this Act, the following terms
shall mean:
a)
National Government Hospital refers to a hospital operated and maintained
either partially or wholly by the national government or by any department,
division, board or other agency thereof;
b)
Regional Government Hospital refers to a hospital operated and maintained
either partially or wholly by the national government or by any department,
division, board or other agency thereof;
c)
Provincial Government Hospital refers to a hospital operated and maintained
either partially or wholly by the provincial government or other political
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subdivision, or by any department division, board or other agency thereof;
and
d)
Indigent Patient refers to a patient who has no visible means of income,
compensation or financial assistance from his/her relatives to support his/her
basic needs, as determined by the Department of Social Welfare and
Development (DSWD).
Sec. 4. Establishment, Operation and Maintenance of a Dialysis Ward
or Unit. – Within two (2) years from the effectivity of this Act, all national,
regional, and provincial government hospitals are hereby required to establish,
operate and maintain a dialysis ward or unit in their hospital. The dialysis ward or
unit shall be equipped with a complete dialysis machine, equipment and supplies.
Sec. 5. Free Dialysis Treatment to lndigent Patients. – Dialysis
treatment in all national, regional and provincial government hospitals shall be
provided free of charge to indigent patients as defined in Section 3 (e) hereof.
Sec. 6. Penalty. – Any hospital chief, administrator or officer-in-charge who
fails to comply with this Act shall be punished with a fine of Fifty Thousand Pesos
(P50,000.00) but not more than One Hundred Thousand Pesos (P100,000.00).
Sec. 7. Implementing Rules and Regulations. – The Department of
Health (DOH), in coordination with concerned agencies and stakeholders, shall
promulgate the necessary rules and regulations to implement the provisions of this
Act within sixty (60) days from its date of effectivity: Provided, That the failure of the
promulgation of the said rules and regulations shall not prevent the implementation
of this Act upon its effectivity.
Sec. 8. Appropriations. – Such amount as may be necessary to implement
the provisions of this Act is hereby authorized to be appropriated from the National
Treasury. Thereafter, the amount necessary for the continuous implementation of
this Act shall be included in the government hospital’s annual appropriations.
Sec. 9. Separability Clause. – If any provision or part hereof is held invalid
or unconstitutional, the remainder of the law or the provision not otherwise affected
shall remain valid and subsisting.
Sec. 10. Repealing Clause. – Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule or regulation contrary
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to or inconsistent with the provisions of this Act are hereby repealed, modified or
amended accordingly.
Sec. 11. Effectivity. – This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in any two (2) newspapers of general circulation
in the Philippines.
Approved,
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