Q.VEPRE Se ™)

RECE. IVED
Republic of the Philippines { ” aer, 95 2022
House of Representatives \\ Fb dy
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL No. 4435

Introduced by HONORABLE ERNESTO “ERNIX” M. DIONISIO, JR.

EXPLANATORY NOTE

The World Health Organization (WHO) ranked renal or kidney diseases as one
of the top ten causes of mortality in the Philippines.’ During the lockdown, the lack of
nephrology clinics that could support the demand for their services clearly became
apparent. It was reported that government outpatient ney hrology clinics stopped
nent and treatment of
Covin- 19 patients.? Some dialysis centers had to close due to depieted funds and
the resignation of nurses who feared the virus.°

According to the Philippine Society of Nephrology (PSN), there are only ninety-
two (92) dialysis centers in the Philippines. We can therefore conclude that there is
difficulty in accessing life-saving procedures. And in every difficulty, the hardest hit is
surely the marginalized sector of our society. The 1987 Constitution emphasized on
the obligation of the State in providing accessible health services to Filipinos. Art. Il,
Section 15 provides that “The State shall protect and promote the right to health of the
peopie and insiiii heaith consciousness among them.” Art. Xiii aiso provides that the
State shall adopt an integrated and comprehensive approach to health development
which shall endeavor to make essential goods, health, and other social services
available to all the people at an affordable cost; that there shall be a priority for the
needs of the underprivileged, sick, elderly, disabled, women, and children; and that
the State shal! endeavor to provide free medical care to paupers.

In accordance with these State policies and due to the dire situation faced by
Filipinos with renal or kidney disease, a bill seeking to increase the accessibility of
dialysis centers to cater to indigent Filipinos and indigent senior citizens, is highly
necessary,

2 https://mb.com.ph/2022/03/08/kidney-health-for-all/
? https://www.kireports.org/article/S2468-0249(21)01342-5/fulltext
3 ttps://mb.com.ph/2020/07/20/nkti-seeks-relief-from-covid-19-overcapacity/


Republic of the Philippines.
House of Representatives

NINETEENTH CONGRESS
First Regular Session

Tuo. 2439

ESTO “ERNIX” M. DIONISIO, JR.
Assistant Majority Floor Leader
Congressman
First Congressional District of Manila


Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL No. 4435

Introduced by HONORABLE ERNESTO “ERNIX” M. DIONISIO, JR.

AN ACT
REQUIRING ALL NATIONAL, REGIONAL, AND PROVINCIAL GOVERNMENT
HOSPITALS TO ESTABLISH, OPERATE AND MAINTAIN DIALYSIS WARDS OR
UNITS AND PROVIDING FREE DIALYSIS TREATMENT TO INDIGENT PATIENTS
AND INDIGENT SENIOR CITIZEN PATIENTS

Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the “Free Dialysis Act of
2022."

SECTION 2. Declaration of Policy. — It is the declared policy of the State to
protect and promote the right to health of the people, and to adopt an integrated and
comprehensive approach to health development which shall endeavor to make
essential goods, health, and other social services available to all the people at
affordable cost. Further, it is also the policy of the State that priority be given to the
health needs of the underprivileged, sick, elderly, disabled, women, and children.

SECTION 3. Definition of Terms. — For purposes of this Act, the following
terms shall mean:

a) Secretary - shall refer to the Secretary of the Department of Health.

b) National Government Hospital — shall refer to a hospital operated and
maintained either partially or wholly by the national government or by any
department, division, board, or other agency thereof.

Regional Government Hospital - shall refer to a hospital operated and
maintained either partially or wholly by the national government or by any
department, division, board, or other agency thereof.

Provincial Government Hospital — shall refer to a hospital operated and
maintained either partially or wholly by the provincial government or other
political subdivision, or by any department, division, board or other agency
thereof.

Indigent Patient — shall refer to a patient whose combined annual family
income does not exceed Thirty Thousand Pesos (PhP/30,000.00) annually.
f) Senior Patient — shall refer to a patient who is at least sixty (60) years old;

¢)

d

e)


Republic of the Philippines
House of Representatives
ro Mi:

NINETEENTH CONGRESS
First Regular Session

No, 4439

HOUSE BILL No.

SECTION 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 hospitals. The dialysis ward or
unit shall be equipped with complete dialysis machines, equipment, and supplies.

SECTION it Patients and indigent
Senior Patients. - Dialysis treatment in ail national, regional, and provincial
government hospitals shall be provided free of charge to indigent patients as defined
in Section 3 (e) and (f) thereof.

SECTION 6. Penatty. — Any hospital! chief, administrator, or offi f
who fails to comply with this Act shall be punished with a fine of Fifty Thousand Pesos
(PhP/50,000.00) but not more than One Hundred Thousand Pesos (PhP/100,000.00).

charge

SECTION 7. Implementing Rules and Regulations. - The Secretary shall
promulgate the rules and regulations necessary for the effective implementation of this
Act.

SECTION 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.

SECTION 9. Separability. - 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.

SECTION 10. Repealing Clause. — All laws, decrees, orders, rules and
regulations, or parts thereof inconsistent with the provisions of this Act are hereby
deemed repealed or modified accordingly.


Republic of the Philippines
House of Representatives

‘Quezon City, Metro

NINETEENTH CONGRESS
First Regular Session

No 4435

HOUSE BILL No.

Introduced by HONORABLE ERNESTO “ERNIX” M. DIONISIO, JR.

SECTION 11. Effec
full publication in the Official
circulation.

This Act shall take effect fifteen (15) days after its
jazette or in at ieast two (2) newspapers of generai