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

SIXTEENTH CONGRESS Z
Third Regular Session

HOUSE BILL NO. 6348

Introduced by Representative Roman T. Romulo
Lone District of Pasig City

EXPLANATORY NOTE

Just recently, President Aquino issued Executive Order No. 192
transferring the jurisdiction of Health Maintenance Organizations from the
Department of Health (DOH) to the Insurance Commission (IC) in order to
regulate and supervise the establishment, operations and financial activities of
HMOs.

HMO refers to a juridical entity legally organized to provide or arrange for
the provision of pre-agreed or designated health care services to its enrolled
members for a fixed pre-paid fee for a specified period of time.

According to an old adage, “Health is Wealth.” This is specially true in the
Philippines considering the high cost of health services. As such our government
enacted several measures to lessen our out of pocket expenses for healthcare.

However, despite valiant efforts toward this end, much more needs to be
done. As an added security, some of our people are getting health cards being
offered by HMOs and paying a certain fee as a premium so they will enjoy free
medical consultations, laboratories and hospitalizations. Some are lucky when
such is part of the benefits being provided by the government agency or private
company they are employed

Said health cards are undoubtedly a big help not only in times of medical
emergencies but also in order to monitor one’s health. This representation is
therefore extremely disappointed when | was told that some HMOs are imposing
an age limit in order for one to be enrolled under the health care services it
provides. In many cases, it's our senior citizens who are automatically
disqualified.

Rather than providing them assistance, our senior citizens are seemingly
being discriminated by this unreasonable policy.

This should not be allowed to persist, senior citizens should be allowed to
avail the services of HMOs in order that they can be more secure in case of a
medical need.

In view of the foregoing, early passage of this bill is earnestly sought.

Eke

ROMAN T. ROMULO


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

SIXTEENTH CONGRESS
Third Regular Session

HOUSE BILL NO. 6348

Introduced by Representative Roman T. Romulo
Lone District of Pasig City

AN ACT PROHIBITING HEALTH MAINTENANCE ORGANIZATIONS (HMOs)
AND/OR ITS PROVIDERS FROM DENYING HEALTH CARE SERVICES TO
SENIOR CITIZENS OR IMPOSING AN AGE LIMIT OR CEILING TO ENROLL
OR AVAIL ITS HEALTH CARE SERVICES, IMPOSING PENALTIES FOR
VIOLATIONS THEREOF, AND 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 the “Anti-Healthcare Age
Discrimination Act.”

Section 2. Declaration of Policy. - \t is hereby declared that the State shall
adopt an integrated and comprehensive approach to health development which
‘shall endeavor to make health services available to all. Further, it is mandated to
accord full protection and support the improvement of the total well being of the
elderly and recognize the important role of the private sector in the improvement
of the welfare of senior citizens.

Section 3. Prohibition Against Age Discrimination — Health Maintenance
Organizations (HMOs) and/or its providers as defined under Republic Act No.
7875 as amended by Republic Act No. 10606 shall be prohibited from denying
health care services to senior citizens or imposing an age limit or ceiling on
persons who may enroll or avail of their health care services. Likewise, they
shall also be prohibited from including an automatic termination or
‘extinguishment of policy clause on the account of reaching a certain age.

Section 4, Damages. - Any person who on account of age shall be denied by an
HMO or its health care providers from enrolling or availing its health care
services shall be entitled to moral and exemplary damages.

Section 5. Fines. - Health Maintenance Organizations (HMOs), their agents or
health care providers who shall refuse to offer their health care services to
people in violation of this Act shall be punished with a fine of not less than One
hundred Thousand Pesos (Php100,000.00) to Three Hundred Thousand Pesos
(Php 300,000.00).

Section 6. Repealing Clause. - All laws, decrees and orders or parts thereof
which are contrary to or inconsistent with this Act are hereby repealed, amended
or modified accordingly.


Section 7. Separability Clause. - If any part or provision of this Act is held
invalid or unconstitutional, other provisions not affected thereby shall remain in
force and effect.

Section 8. Effectivity. - This Act shall take effect fifteen (15) days following its
complete publication in the Official Gazette or in at least two (2) newspapers of
general circulation, whichever comes earlier.

APPROVED,