Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL'No. 9604

Introduced by HONORABLE RESURRECCION MARRERO-ACOP, MD

EXPLANATORY NOTE

According to the Journal of Geriatric Oncology, “The aging of the
population is a global challenge. The number of older adults is rapidly
growing, leading to an increase in the prevalence of noncommunicable
diseases associated with aging'.” Furthermore, the majority of older
adults live in developing countries like the Philippines, where health
systems are generally ill-equipped to provide care for complex chronic
conditions. Worldwide, as in our country, “there is paucity of geriatric
training, and most of the gerontology workforce lacks the skills and
knowledge to provide comprehensive care for older patients. Various
initiatives aimed at providing adequate clinical care for older adults,
increasing the geriatric skills and knowledge of healthcare
professionals, and developing geriatric oncology research, have been
successfully implemented, but these have taken place mostly in high-
income countries, and there are still large inequalities in the availability
of clinical, educational, and research initiatives across different regions
of the world”? — chief among them in Asia and the Philippines.

This bill seeks to convert the National Center for Geriatric Health
(NCGH) into a corporate body which will provide a full range of health
care services, including primary care, wellness services, and
behavioral health care; aside from promoting innovative research on
ageing’s social and biological causes and concomitants and how best
to intervene in illnesses associated with the ageing process; as well as
providing educational programs for the public, to health care
professionals, and to the elderly population of the country.

Section 11, Article XIII of the 1987 Constitution provides, in part,
that "The State shall adopt an integral 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. There shall be priority for the needs of the underprivileged sick,
elderly, disabled, women, and children.”

' Soto-Perez-de-Celis, E., de Glas, N.A., Hsu, T., Kanesvaran, R., Steer, C., Navarrete-Reyes, A.P., Battisti, NMLL.,
Chavarri-Guerra, Y., O’Donovan, A., Avila-Funes, J.A. and Hurria, A., 2017. Global geriatric oncology: achievements
and challenges. Journal of geriatric oncology, 8(5), pp.374-386.

2 Ibid.


The absence of this particular legislation hinders the current
NCGH from fulfilling its mission to become a’ full-fledged geriatric
hospital that caters to the elderly. As a full-fledged hospital and
research center, it will be the health center for senior citizens, where
there will be intensive care units (ICUs), multi-disciplinary geriatrics
practice, rehabilitation services, etc. The hospital has yet to achieve
the vision to be the country’s first geriatric center, as it has limited
capabilities and cannot admit patients with complex cases.

The rejuvenation of the NCGH is long overdue considering the
continuing increase in our country's population of people aged sixty
and above. As a tribute to our country's elderly citizens, having served
and contributed to the society in the prime of their life, it is only fitting
to establish a health and research facility which will primarily provide
geriatric health services.

In view of forgoing considerations, approval of this bill is

earnestly sought.
JI ope

RESURRECCION MARRERO-ACOP, MD
Representative
2e4 District, Antipolo City


Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 0604

Introduced by HONORABLE RESURRECCION MARRERO-ACOP, MD

AN ACT
CONVERTING THE NATIONAL CENTER FOR GERIATRIC HEALTH INTO A
CORPORATE BODY AND APPROPRIATING FUNDS THEREFOR

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 “National Center for
Geriatric Health Development Act of 2019”.

SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State to
protect and promote the right to health of older persons and the elderly by ensuring
that health services are available and accessible to them through the establishment
of a specialized hospital and research center.

SECTION 8. Definition of Terms. - As used in this Act:

(a) Geriatric health services refer to the medical services or intervention provided
by a multi-disciplinary team usually headed by a Geriatrician;

(b) Geriatrician refers to a medical doctor who has passed the necessary training
and examination, and specializes in the field of Geriatrics;

() Geriatrics refers to the sub-specialty of Internal Medicine that aims to
promote health, prevent and treat disabilities of older adults;

(4) Gerontology refers to the study of the biological, psychological, spiritual,
social, economic, demographic aspects of the aging process;

(e) Integrated delivery of geriatric health services refer to hospital and


community-based medical and psycho-social services provided to senior citizens
by a multi-disciplinary team;

()  Multi-disciptinary team - refers to a team composed of health professionals
headed by a geriatrician and includes surgeons, organ-system specialists, nurses,
clinical pharmacists, rehabilitation therapists, nutritionists, dentists, social
workers, caregivers, family members and patients themselves; and

(g) Senior citizens or older persons refer to Filipino citizens who are at least sixty
(60) years old.

SECTION 4. Conversion of the National Center for Geriatric Health (NCGH). - The
National Center for Geriatric Health (NCGH), herein referred to as the “Center,”
located in San Miguel, Manila is hereby converted into a corporate body, as defined
under Republic Act 11232 or the “Revised Corporation Code of the Philippines,” as
well as the relevant provisions of Republic Act 10149 or the “GOCC Governance
Act of 2011” pertaining to a Government-Owned or -Controlled Corporation
(GOCC). The NCGH shall be an attached agency of the Department of Health for
the primary benefit of senior citizens or the elderly. The bed capacity of the NCGH
shall forthwith be increased from fifty to one hundred (100) upon the passage of
this Act, and shall thereafter be increased without need of further legislation,
subject only to approval from the Board of Trustees based on the Center’s financial
and administrative capacity.

SECTION 5. Purposes and Objectives. - The NCGH shall have the following
purposes and objectives:

a) Equip, operate, and manage an integrated medical institution which shall
specialize in geriatric health services;

b) _ Provide and maintain affordable, quality and timely hospital care through an
efficient health service delivery system which prioritizes the need of the elderly and,
resources permitting, provide free medical care to indigent citizens;

c) Finance, sponsor, hold or participate in congresses, conventions,
conferences, seminars, workshops and training programs on geriatric health
services or related fields in the Philippines and abroad;

d) Encourage and assist in the education and training of physicians, nurses,
health officers, social workers, other medical and technical personnel, as well as


other target groups in the practical and scientific implementation of health services
to older persons;

) Coordinate the various efforts and activities of other government agencies
and local government units for the purpose of achieving a more effective approach
to the delivery of geriatric health services;

f) Promote innovative research on ageing’s social and biological causes and
concomitants and how best to intervene in illnesses associated with the ageing
process;

g) Extend medical services to elderly persons pursuant to the goals, objectives
and rules of the National Health Insurance Program (NHIP); and

h) Pursue other initiatives to enhance the quality of gerontological research and
clinical application to positively develop products and services and influence public
policy - with the ultimate goal of bringing good health and enhanced quality of life
to our ageing population.

SECTION 6. Scope of Services. Consistent with its purposes and objectives, the
NCGH shall provide the following services:

a)  Hospital-based services to ensure the availability of medical facilities and
equipment necessary to provide long term and palliative services with its wards
divided into the following: dementia, long term care, palliative care, respite care,
and other units as may be deemed necessary;

b) | Community-based services to develop and implement community-based
programs in partnership with local government units, conduct research and
external resource outsourcing to implement community-based integrated geriatric
health services, and conduct training necessary for the social functioning of senior
citizens and their families, utilizing the multi-disciplinary team approaches;

c) _ Education programs to pursue excellence and the highest level of practice in
the specialized field of geriatrics and other related fields, conduct post-graduate
training and short-term courses for medical doctors and allied medical professions;
and

4) Program development and research to develop cutting edge researches and
programs to combat diseases of old age to promote active health care, provide
necessary consultancy service, technical assistance and standard setting for
geriatric wards in every tertiary level hospital, nursing homes and residential center


catering to the health and functioning needs of senior citizens, in coordination with
the Philippine Council on Health Research and Development (PCHRD) and the
Institute of Aging of the National Institute of Health (IA-NIH);

¢) Assistance in the installation of a "senior citizens’ ward" in every government
hospital for the exclusive use of senior citizens who are in need of hospital
confinement by reason of their health conditions, pursuant to Section 5 (c) of
Republic Act 9994 otherwise known as the "Expanded Senior Citizens Act of 2010.”

SECTION 7. Board of Trustees. - The NCGH shall be administered by a Board of
Trustees, hereinafter referred to as the Board, to be composed of the following:

a) Secretary of Health, as Chairperson;

b) Secretary of Social Welfare and Development, as Vice Chairperson;

©) Director of the Institute of Aging of the National Institute of Health, as
Member;

d)  CEO/President of the Philippine Health Insurance Corporation;, as Member;
) President of the Federation of Senior Citizens Association of the Philippines,
as Member;

f) President of the Society of Geriatrics and Gerontology, as Member;

g) One (1) representative from the Philippine Medical Association with expertise
in the field of geriatrics and gerontology, as Member;

h) One representative from a non-government organization which provide
services for senior citizens, duly registered with the Securities and Exchange
Commission (SEC) or any appropriate regulatory body, and with programs
accredited by the Department of Social Welfare and Development (DSWD), as
Member; and

i) The Chief Executive Officer, NCGH, as Member.

‘The members of the Board enumerated in subparagraphs (a), (b), (c) and (d)
and shall serve as ex-officio members. The ex-officio members of the Corporation
may designate their respective alternates who shall be officials next-in-rank to
them and whose acts shall be considered the acts of their principals.

The members of the Board under subparagraph (e), (f), (h), (i) and (j) shall be
appointed by the President of the Philippines, upon the recommendation of the


Secretary of Health for the first initial appointees, and then recommendation by the
Board for subsequent appointees.

‘The appointive members of the Board shall serve for one (1) year, unless
sooner removed for cause.

No person shall be appointed Member of the Board unless a citizen and a
resident of the Philippines, of good moral character, and has attained proficiency,
expertise and recognized competence in one or more of the following fields: hospital
finance and administration, medical care, public health care, government rules and
regulations, law, business management or marketing. The members of the Board
should have at least five (5) years experience in their fields of expertise.

To maintain the quality of management, the DOH in coordination with the
Governance Commission for GOCCs (GCG), subject to the approval of the
President, shall prescribe, pass upon and review the qualifications and
disqualifications of individuals appointed as members of the Board and shall
disqualify those found unfit.

The Board shall be governed by a set of by-laws which shall include the
members’ responsibilities, accountabilities and causes for removal/termination of

appointment.

‘The Members of the Board shall not exceed, at any time, nine (9) Members.

SECTION 8. Powers and Functions. - The Board of Trustees shall have the following
powers and functions in addition to its general powers of administration:

a) Formulate and adopt the by-laws, rules and regulations, policies, guidelines
and procedures consistent with law and the provisions of this Act to govern the
administration and operations of the Center;

b) Formulate and develop programs for the enhancement of healthcare services
for older persons, including the training of NCGH personnel and resident doctors;
c) Enter into such agreements and arrangements with other medical

institutions, domestic or foreign, as may be necessary in attaining the purposes


and objectives of the Center;

d) Receive in trust legacies, gifts and donations or real and personal properties
of all kinds and to administer the same for the benefit of the NCGH, in accordance
with the directions and instructions of the donor, and in default thereof, in such
manner as the Board of Trustees may, in its discretion, determine;

¢) Raise, receive and appropriate to the ends specified by law such sums as
may be provided by law for the support of the Center; and

f) Perform all such other acts as maybe necessary for or incidental to the
accomplishment of the objectives of the NCGH.

SECTION 9. Organizational Structure and Staffing Pattern. - The Board shall
determine the organizational structure and staffing pattern of the NCGH subject to
the evaluation by the Civil Service Commission and of the Organization Position
Classification and Compensation Bureau of the Department of Budget and
Management and the Department of Health. The Board may reorganize said
structure, modify the staffing pattern and create or abolish divisions, sections or
units in the NCGH.

SECTION 10. Corporate Officers. - The Board of Trustees shall appoint a Secretary
of the Board and such other officers as may be deemed necessary to carry out its
objectives. Selection of the corporate officers must be based on the specific
qualifications prescribed by existing laws.

SECTION 11. Chief Executive Officer. - The NCGH shall be headed by a Chief
Executive Officer who shall be appointed by the President of the Republic of the
Philippines for a term of one (1) year and renewable upon the recommendation of
the Secretary of Health. In no case shall the same person be re-appointed and
serve as Chief Executive Officer beyond the total accumulated period of six (6)
years.

‘The Chief Executive Officer shall exercise the following powers and functions:
(a) Execute the policies, guidelines and programs approved by the Board, and
be

responsible for the efficient discharge of management and operational functions;


(b) Submit for the consideration and approval of the Board proposed measures,
policies, guidelines and programs as may be deemed necessary or proper for the
effective implementation of the purposes and objectives of this Act;

(c) Direct and supervise the management, operation and administration of the
NCGH and delegate this power and any or some of his administrative
responsibilities and duties to the other officers of the NCGH;

(d) Execute, on behalf of the Board, all contracts and agreements which the
latter may enter into, and to execute, accomplish and deliver any and all
documents relative to such contracts and agreements;

(e) Represent the NCGH in all dealings with other persons or entities, whether
domestic or foreign, and whether government or private;

() Determine the staffing pattern and the number of personnel of the NCGH
and define their duties and responsibilities;

(g) Recommend to the Board the appointment, promotion, transfer, dismissal,
and suspension of the officer and employees of the NCGH; and

(h) Exercise such other powers and perform such other duties as may be vested
or reposed by the Board.

SECTION 12. Board of Trustees' Meetings and Quorum. - The Board of Trustees
shall hold meetings at least once a month. Special meetings may be convened at
the call of the Chairperson or by request of the majority of the members of the
Board of Trustees. Five (5) members of the Board shall constitute a quorum for the
transaction of official business.

SECTION 13. Property of the Center as a Corporation. - The property of the Center
shall consist of real, personal, and other type of property previously owned by the
NCGH or reserved for or may hereafter be given, donated, acquired, transferred or
conveyed to it by the National Government, its branches and instrumentalities, or
any foreign government, as well as by trust, foundation, corporations or persons
whether alien or domestic, in order to carry out its purposes and objectives as set
forth herein.

SECTION 14. Appointment by the Board. - The Board shall have the authority to

appoint, promote, transfer, remove, suspend or otherwise discipline the officers or


employees of the NCGH upon the recommendation of the Chief Executive officer,
subject to Civil Service laws, rules and regulations.

SECTION 15. Executive Committee. - The Board of Trustees may, by a resolution
approved by the majority of all its members, create an Executive Committee of not
more than five (5) members who shall be appointed by the Board of Trustees. At
least three (3) members of the Executive Committee shall be members of the Board
of Trustees. The Executive Committee shall exercise all such powers as may be
delegated to it by the Board of Trustees. The Executive Committee shall keep
regular minutes of its proceedings and report the same to the Board of Trustees
whenever required. The Board of Trustees shall have the power to change the
members of the Executive Committee at any time, to fill vacancies therein and to

discharge or dissolve such Committee either with or without cause.

SECTION 16. Compensation of Members of the Board of Trustees. - The members
of the Board of Trustees, by resolution of the majority of its Members, may claim
expenses for attendance in regular or special meetings of the Board of Trustees;
Provided, however, that actual and necessary expenses of the members of the
Board of Trustees while engaged in serving the interests of the Center and in
pursuit of its defined objectives and purposes may be allowed by special resolution
of the Board of Trustees.

The appointive nongovernment members of the Board of Trustees shall be
entitled to honorarium for each meeting actually attended at rates in accordance

with existing laws, rules and regulations.

SECTION 17. Civil Service Law Coverage for Employees. - The hiring, appointment,
promotion, discipline and other terms and conditions of the service of all employees
of the NCGH shall be consistent with the provisions of Civil Service laws, rules and
regulations, except as otherwise provided for in this Act.

SECTION 18. Security of Tenure of Civil Service Officers and Employees of the
Center. - The provisions of Republic Act 6656, or "An Act to Protect the Security of
Tenure of Civil Service Officers and Employees in the Implementation of

Government Reorganization,” and other existing laws shall apply to all officers and


employees of the Center except to the Members of the Board of Trustees.

SECTION 19. Salaries, Benefits and Other Compensation. - The salaries, benefits
and other compensation of the officers and employees of the NCGH shall be in
accordance with the existing compensation and the standard position classification
for employees of the government; Provided, That there shall be no diminution in
the salaries of and benefits of the employees and officers.

SECTION 20. Early Retirement and Separation Benefits. - Officials and employees
of the NCGH who voluntarily opt for separation or retirement shall be entitled to
the benefits provided for under existing laws.

SECTION 21. Assistance from Other Government Offices. - The NCGH may call
upon any department, bureau, office, agency or instrumentality of the government
for any

such assistance as it may need in the pursuit of its purposes and objectives.

All individuals, entities and institutions are hereby enjoined to render full
assistance and cooperation to the NCGH in the accomplishment of its objectives
and activities.

SECTION 22. Program for Indigents. - The Board of Trustees shall ensure that the
NCGH shall adopt and enforce a program for indigents. The number of beds
allocated for the indigent patients shall not be less that thirty percent (30%) of the
total number of hospital beds.

SECTION 23. Tax Exemptions. - Any donation, bequest and grant shall be exempt
from donor's tax and the same shall be considered as allowable deduction from the
gross income of the donor in accordance with the provisions of Republic Act 10963
or the “Tax Reform for Acceleration and Inclusion (TRAIN) Act” and the National
Internal Revenue Code of 1997, as amended.

The NCGH is hereby declared from exempt all income and all other internal revenue
taxes, tariff and customs duties and all other kinds of taxes, fees, charges and


amendments levied by the government and its political subdivisions, agencies and

instrumentalities.

SECTION 24. Hospital Trust Fund. - All funds not coming from the General
Appropriations Act such as contributions from taxes and assessments from
authorized sweepstakes lotteries, donations, legacies, endowment from various
sources, domestic and foreign entities and individuals, income of pay wards and
from other hospital services shall be used and disbursed only upon the
authorization of the Board of Trustees for the purposes of enhancing the health
services for the elderly and the improvement of hospital facilities, which include
the purchase of medicines, supplies, hospital beds, equipment and career
advancement. Provided, that disbursements shall be in accordance with existing
accounting and auditing rules and regulations; Provided, further, that the fund
shall be exclusive for hospital utilization and shall not be used to cover personnel

services.

SECTION 25. Transfer of Personnel, Assets, Records and Equipment. - All
personnel, assets, records, equipment and liabilities of the NCGH are hereby

transferred to and shall henceforth appertain to the NCGH as a Corporation.

SECTION 26. Annual Report. - The NCGH shall submit an annual report to the
President of the Philippines, the Senate Committee on Health and Demography and
the House Committee on Health, through its Board of Trustees, on its activities,
accomplishments and recommendations to better improve the delivery of geriatric
health services.

SECTION 27. Auditor. - The Commission on Audit shall appoint a representative
who shall be the auditor of the NCGH and such personnel as may be necessary.

SECTION 28. Effect of Dissolution. - In the event that the Center is dissolved for
any reason, its remaining property at the time of such dissolution shall be placed
under the DOH.

SECTION 29. Appropriations. - The amount necessary for the implementation of


this Act shall be charged from the appropriations for the Department of Health
under the current General Appropriations Act. Thereafter, such sum as may be
necessary for the continued operation of the NCGH shall be included in the annual
General Appropriations Act.

SECTION 30. Implementing Rules and Regulations. - The Secretary of Health, in
coordination with the Secretary of Social Welfare and Development, and the
Secretary of Budget and Management, shall promulgate such rules and regulations
necessary for the effective implementation of this Act.

SECTION 31. Separability Clause. - If any provision of this Act is declared
unconstitutional, the remainder of this Act or any provisions not affected thereby
shall remain in full force and effect.

SECTION 32. Repealing Clause. - All laws, decrees, orders, proclamations, rules
and regulations, or parts thereof, which are inconsistent with this Act are hereby

repealed, amended, or modified accordingly.

SECTION 33. Effectivity Clause. - This Act shall take effect fifteen (15) days after
publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,