m®publtt ®1 tb. PbilipptnpS
HOUSE OF REPRESENTATIVES
asatdsdn aBtlls, ®u.ion ¢ity
N i neteenth Congress
First Regular Session
.\    -I.,    ~     -.
House Bill No.
Introduced by Representative Florencio Gabriel "Ben" G. Noel
EXPLANATORY NOTE
Article XIII, Section  11  of the  1987 Philippine Constitution provides that:
"The  Stale  shall  adopt  an  integrated  and  comprehensive  approach  to  heallh
development which shall endeavor to make essential goods, heallh and other social
servi:es railab!e i(] all the people at affordable cost. There shall be priority for the
needs Of the underprivileged sick, elderly, disabled, wonen, and children. ine Stale
shall endeavor to provide free medical care lo paupers."
The  Philippines  is listed  as one of the  high-risk populations when  it comes to renal  disease
because of the numerous cases of diabetes, high blood pressure and other hereditary diseases,
all of which can lead to kidney malfunction. The World Health Organization published that in
2020 Kidney Disease Deaths in Philippines reached 39,380 or 5.84% of total deaths. The age
adjusted Death Rate is 51.96 per loo,000 of population ranks Philippines tenth in the world.
The  cost  of medical  treatment  for  kidney  disease  is  very  expensive,  beyond  the  reach  of
ordinary patients.  It was reported that only 73% of Filipino patients with kidney failure were
able to afford necessary treatment.  Government hospitals tend to have lower prices but can
accommodate only a limited number of patients at a time.
A study by the Philippine Society ofNephrology showed that 60% of choric Kidney Disease
(CKD)patientsaretheso-calledservicepatientswhobadlyneededstatesubsidytogetthelife-
savingtreatment.Andmostofthemusuallyreachouttopoliticians,foundations,stateagencies
such as the Philippine Charity Sweepstakes Office (PCSO) and DSWD among others.
Despitetheeffortsofthegovemment,occurrenceofrenaldiseasesinthecountryisontherise.
More and more CKD patients experiencing economic difficulties who cannot afford the cost
of the necessary treatment as well as the cost of transportation to the available hospital/clinic
tend to forego the treatment.
In  consonance  with  the  constitutional  mandate to  make  health  services  available  to  all  the
people at affordable cost, this bill encourages all local government hospitals to modemize the
operation of their existing dialysis facilities and to cater and made available and accessible to


the  people  most  especially  to  the  indigent  citizens.  This  bill  further  requires  that  dialysis
treatment should be provided to indigent patients, free of charge.
Considering all the above mentioned, the immediate approval of this bill is eamestly sought.
r3\j=--cb--€T-
FLORENCI0 GABRIEL "BEM" NOEL
Representative
An-Waray Parlylis[


mquublit ®t tb. Sbiltpptn.S
HOUSE OF REPRESENTATIVES
aBataSail apills, ®up}on City
N ineteenth Congress
First Regular Session
House~`;iH`N-o.      6119
Introduced by Representative Florencio Gabriel "Ben" G. Noel
AN ACT URGING ALL LOCAL GOVERNMENT HOSPITALS TO MODF,RNIZH
THE OPERATION OF THEIR EXISTING DIALYSIS CENTER, AND PROVIDE
FREE DIALYSIS TRHATMENT TO INDIGENT PATIENTS AND
APPROPRIATING FUNDS THEREFOR
Be  enacted  by  the  Senate  and  House  of  Representatives  of the  Philippines  in  Congress
assembled.
SECTION 1. Stiorf ri.I/e. This Act shall be known as the ''Frec Dj.a/ysis/or J#dr.gt7#/ Pa/r.e#/s
Act".
SEC 2. Dec/OWW.ow a/Po/i.ey. 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 especially to the indigent.
SEC. 3. Dcf#i./i.on a/rcrus. For purposes of this Act, the following terms shall mean:
a)   "Dialysis Center" shall refer to a center that provides treatment for chronic kidney
disease (CKD) and disseminates information for its prevention. It is a non-hospital
or hospital-based unit approved and licensed to furnish outpatient dialysis services.
b)   The term "Income" shall not include the pension received by retirees.
c)    "Indigent Patient"  shall  refer to a patient whose combined annual  family  income
does not exceed  Fifteen Thousand (Pl 5,000.00) monthly or One Hundred  Eighty
Thousand (Pl 80,000.00) annually (evidenced by an updated Income Tax Return)
and  certification  by  the  Local  Government  where they  reside  through  the  lcoal
Social Welfare & Development Office.
?PC.~4.¥o.dern!4Tgtheop.e:ationofExistingDialysiscenter.Wihiinth[ee(5)yearsfron
the effectivity of this Act, all  local government hospitals operating and maintaining a dialysis
center in their respective hospitals or non-hospital based unit thereof, shall offer free dialysis
treatment to qualified indigent patients. It shall have a dialysis service area compliant with the
Licensing  Requirements  imposed  by  the  Department  of Health  (DOH)  for  private  dialysis


clinics  in  accordance with  the prevailing and applicable  DOH  administrative order.  It shall
further be provided with the necessary personnel and equipped with complete and operational
dialysis machine, equipment and supplies as provided for in the same DOH-issued Licensing
Requirements for private dialysis clinics.
The Dialysis Center shall further have a non-treatment area which shall serve as a waiting area
for CKD patients and a business area for information  service that shall  give importance on
information dissemination on the prevention of CKD as well  as providing the patients with
updates on treatment options and the possibility of a kidney transplant.
SHC. 5. Free Di.dysi.s/or ,4// J#dJ.gr#/ Po/i.c#ts.  Indigent patients, as defined in Section 3 (c)
hereof, shall be provided dialysis treatment in all local hospitals.
The cost of all  the needed hemodialysis, peritoneal dialysis, and other Department of Health
(DOH)  approved  dialysis  procedure  shall   be  fully  reimbursed  by  the  Philippine  Health
Insurance  Corporation  (PHIC),  provided  such  treatment  is  availed  of at  PHIC  accredited
hospitals, free-standing dialysis centers, and dialysis service faci lities established and operated
by  local  government units (LGUs).  Provided  further, that only those procedures that use the
dialysis  solutions  included  in  the  latest edition  of the  Philippine National  Drug  Formulary
(PNDF)shallbereimbursedbythePhilhealth.Providedfinally,thatonlylaboratoryprocedures
and supplies considered necessary shall be covered by the Philhealth. Philhealth shall, as soon
as possible, reimburse all official receipts for drugs, supplies, and laboratory procedures dated
thirty (30) days prior to the date of the claimed session.
S;PC.6.IT2!ge.nl.P:1jentsQu?lips?dforFreeDialysisserviceTreatnent.Toasurethatorty
those qualified shall be extended free dialysis service treatment, the applicant-patient shall be
required to execute an "Affidavit of lndigency", and submit any of the following documents:
I.   Latest Income Tax Return (ITR) or pay slip, or other proofs of net income; and
2.   Certificate of lndigency from the Department of Social Welfare and Development
(DSWD), or the City/ Municipal  Social  Welfare and  Development Office having
jurisdiction over the residence of the applicant; or
3.   Certificate of lndigency and/orNo Income from the Office of the Punong Barangay/
Barangay Chairperson having jurisdiction over the residence of the applicant.
SEC. 7. Jxp/eme#/i.#g jRw/€s a#d Rcgw/a/i.ows.  Within thirty (30) days from the approval of
this  Act,  the  DOH,  and  the  PHIC,  in  coordination  with  LGUs,  shall  formulate  rules  and
guidelines as may be necessary for the proper implementation and enforcement of this Act.
SEC.  8. Approprjafl.o#s.  The  amount  needed  for  the  implementation  of this  Act  shall  be
charged against the appropriations of the DOH, and the PHIC  in the current and subsequent
General Appropriations Act and their own respective funds. Such amount as may be necessary
to  cover  the  initial  implementation  of this  Act  shall  be  charged  against  the  current  year's
appropriation. Thereafter, the amount necessary for the continuous implementation of this Act
shall   be   included   in  the   budget   of  the  concerned   departments   in   the   annual   General
Appropriations.
SEC. 9. Separabi./try C/awsc.   If any provision  of this Act or the application thereof to any
person or circumstance is declared invalid or unconstitutional, the other provisions or seetions


of this Act and the application of such provision or section to other persons or circumstances,
not affected thereby shall continue to be in full force and effect.
SEC. 10. Rcpca/i.#g C/ausc.  Any law, presidential decree or issuance, executive order, letter
of instruction,  administrative  order.  rule  or  regulation  contrary  to  or  inconsistent  with  the
provisions of this Act are hereby repealed, modified or amended accordingly.
SEC.11. Ejrcc/i.vtry.  This Act  shall  take effect fifteen  (15) days after its publication  in the
Officia] Gazette or any newspaper of general circulation.
Approved,