Republic of the Philippines
HOUSE OF REPRESENTATI
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

House Bill No._369

INTRODUCED BY REPRESENTATIVE MARISSA “DEL MAR” P. MAGSINO

AN ACT
AMENDING REPUBLIC ACT NO. 11223, OTHERWISE KNOWN AS THE
“UNIVERSAL HEALTH CARE ACT”, FOR THE PURPOSE OF EXEMPTING
OVERSEAS FILIPINO WORKERS FROM BEING MANDATED AS DIRECT
CONTRIBUTORS TO MAKE PREMIUM PAYMENTS, AND FOR OTHER
PURPOSES

EXPLANATORY NOTE

While the Universal Health Care Act is a laudable law that ensures that every
Filipino will have access to quality healthcare services, there are areas for improvement

in the law that would ensure that interests are balanced.

Under the law, “direct contributors” refer to those who have the capacity to pay
premiums, are gainfully employed and are bound by an employer-employee
relationship, or are self-earning, professional practitioners, migrant workers, including
their qualified dependents, and lifetime members.

However, migrant workers, or more colloquially known as Overseas Filipino
Workers, have clamored for amendment to the law for their exemption. And their pleas

are not groundless.

As we reap the benefits of their billions of remittances, the law fails to recognize
their role by unduly burdening them with the payment of large premiums despite the
fact that under existing laws, they are already covered by compulsory insurance.

For instance, Republic Act No. 10022, which amended Republic Act No. 8042,
otherwise known as the “Migrant Workers and Overseas Filipinos Act of 1995”, added
Section 37-A to the law, which required that “each migrant worker deployed by a
recruitment/manning agency”, be covered by a compulsory insurance policy. This
compulsory insurance should thus be enough, especially when the benefits under the
laws are patently overlapping — at additional cost to the OFWs.

These OFWs, who spend most of the days of the year serving their contracts
abroad, explained how the reality of their situation should exempt them from the

payment of premiums to the PhilHealth.


Why should we pass the burden of ensuring the right to healthcare services of all
Filipinos to OFWs who are already enduring the ultimate sacrifice of working abroad as
they line the national coffers with their remittances? The State cannot unduly shirk from
its obligationsby saddling OFWs and adding to the costs of their employment —
especially not when realistically speaking, the nature of their employment would not
even let them to maximize the benefits of the Universal Health Care Act. Surely, the
State does not expect them to book airplane tickets for a trip back to the Philippines
every time they get sick abroad. For the State must know that is not only preposterous,
but unnecessary because they are already covered by compulsory insurance under the

law.

OFWs, who we fondly call bagongbayani, should not be exploited. The State
could not be the very entity that permits that to happen. We must repay their hard work
and sacrifices with the recognition of their realities. They should be allowed to enjoy the
fruits of their labor abroad, and not be excessively charged with unreasonable fees.

Under the proposed measure, we would respond to the valid concerns of OFWs
by finally removing them from the definition of Direct Contributors under the law and
making it voluntary on their part to pay premiums. This way, should they wish to be
covered, they can do so voluntarily. But those whose salaries even in foreign currency
are only enough to provide for their families, should not be unreasonably required to

pay thousands in premiums.

In the crafting of laws, we must always balance the interests of all stakeholders.
On a scale, we must weigh whether the requirements are too burdensome are
exploitative as to merit amendment. For even the most laudable of laws, should always

be open to improvement.

In view of the foregoing, urgent passage of this measure is most earnestly sought.

ee

MARISSA “DEL MAR” P. \GSINO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

House Bill No._369

INTRODUCED BY REPRESENTATIVE MARISSA “DEL MAR” P. MAGSINO

AN ACT
AMENDING REPUBLIC ACT NO. 11223, OTHERWISE KNOWN AS THE
“UNIVERSAL HEALTH CARE ACT”, FOR THE PURPOSE OF EXEMPTING
OVERSEAS FILIPINO WORKERS FROM BEING MANDATED AS DIRECT
CONTRIBUTORS TO MAKE PREMIUM PAYMENTS, AND FOR OTHER
PURPOSES

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 “Overseas Filipino Workers
Exemption from the PhilHealth Contribution Act.”

Sec. 2. Declaration of Policy. — It is the policy of the State to protect and uphold the
rights of its modern-day heroes, the Overseas Filipino Workers (OFWs).

Furthermore, the State recognizes the role of OFWs and their remittances in keeping
our economy afloat, and in helping provide quality services to the Filipinos. In view
thereof, the State is duty-bound to carefully study existing laws that serve not to benefit
them but add to their burdens. OFWs must be paid with quality services, instead of
compounding their sufferings and sacrifices.

Sec. 3. Section 4 of Republic Act No. 11223, otherwise known as the “Universal Health
Care Act’, is hereby amended to read as follows:

Section 4.Definition of Terms. - As used in this Act:
xxx

(f) Direct contributors refer to those who have the
capacity to pay premiums, are gainfully employed
and are bound by an employer-employee
relationship, or are  self-earning, _ professional
practitioners, [migrant workers,] including their
qualified dependents, and lifetime _ members.
PROVIDED THAT, OVERSEAS FILIPINO
WORKERS (OFWS) AS DEFINED UNDER
RELEVANT LAWS, BOTH LAND-BASED AND
SEA-BASED, SHALL NOT BE REQUIRED TO
BECOME DIRECT CONTRIBUTORS.
PROVIDED FURTHER THAT, FOR OFWS,
CONTRIBUTION IS ON A VOLUNTARY
BASIS.


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Sec. 4. Implementing Rules and Regulations.- The Department of Health and
the Philippine Health Insurance Corporation, in consultation and coordination with
appropriate national government agencies and other stakeholders shall issue the
necessary rules and regulations for the implementation of this Act.

See. 5. Repealing Clause. - All laws, executive orders, presidential decrees,
presidential proclamations, letters of instruction, rules and regulations or parts thereof
which are inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.

Sec. 6. Separability Clause. - If any provision of this Act is declared

unconstitutional or invalid, other parts or provisions hereof not affected shall continue
to be in full force and effect.

Sec. 7. Effectivity Clause, - This Act shall take effect fifteen (15) days following its
publication in the Official Gazette or in two (2) newspapers of general circulation in the
Philippines.

Approved,