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

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2 083

Introduced by Rep. BERNADETTE HERRERA-DY

EXPLANATORY NOTE

The primary importance of health care in the country cannot be over
emphasized. No less than the Constitution, clearly emphasized under Section
15, Article II that:

“The State shall protect and promote the right to health of the
people and instill health consciousness among them.”

It is likewise mandated under Section 11, Article XIII of the 1987
Constitution 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 affordable
cost. xxx"

Health services and care should therefore, be made universally applicable
to all people, regardless of their economic / social status in life. Moreover, it is
imperative that the Government focus on providing holistic health care, giving
‘emphasis on health promotion and disease prevention

There are a number of health legislations in the country. It is however,
unfortunate that these laws remain to be legal mandates that are not
implemented, either because the provisions are already obsolete and no longer
applicable to the needs of the times, or remain to be unfunded due to the scarcity
of Government resources. It is in the light of this dilemma that a thorough review
of the existing health laws must be done in order to be responsive to the health
needs of the people.

With the passage of this universal health care bill, access to affordable,
quality health care is not just a dream to be fulfilled. It is well within the reach of
everyone.

Hence, the immediate passage of this bill is earne:

BERNADETTE HERRERA-DY


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

FIFTEENTH CONGRESS
First Regular Session

House BLL No.__ 1083

Introduced by Rep. BERNADETTE HERRERA-DY

AN ACT INSTITUTING A UNIVERSAL HEALTH CARE, AMENDING FOR THIS
PURPOSE REPUBLIC ACT 7875, OR THE NATIONAL HEALTH INSURANCE
ACT OF 1995, REPUBLIC ACT 7392 OR THE MIDWIFERY ACT, REPUBLIC
ACT 7600 OR THE ROOMING IN AND BREASTFEEDING ACT, AND FOR
OTHER PURPOSES

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

CHAPTER 1
GENERAL PROVISIONS

Section 1. Title. — This Act shall be known as the “The Universal Health
Care Act of 2010".

Section 2. Declaration of Policy. The State shall promote the right to
health of the people, and shall pursue an integrated, comprehensive health
system. Pursuant to this, the State shall endeavor to make health services
available to every sector of the society, and shall provide holistic health care,
focusing on health promotion and disease prevention.

Section 3. Definition of Terms. As used in this Act, the following
definitions are adopted:

1. Donor Milk — human milk from a non-biological mother.

2. Health Facilities — refer to physical structures, equipment, spaces
and vehicles that are utilized in the delivery of health care services,
both in-patient and out-patient services. This includes, but not
limited to, hospital, laboratories, health centers, clinics and other
similar facilities.

3. Human Milk Bank — a service established for the purpose of
collecting, screening, processing, storing and distributing donor
human milk to meet the specific medical and nutritional needs of
individuals for whom human milk is prescribed.


4. Locally-administered health facilities refer to both devolved and
locally-created facilities whose functions, operations, personnel and
administration are under the management and supervision of local
government units.

5. Pasteurization — (Holder method) - the process of subjecting milk
to an accurate temperature of 62.5 degrees Celsius for 25 minutes.

6. PhilHealth — refers to the Philippine Health Insurance Corporation,
created under Republic Act 7875.

7. Secretary - refers to the Secretary of the Department of Health.

Chapter II
Basic Principles

Section 4. Basic and essential health service packages. Basic and
essential health service packages will be made available to all people in all
localities while specific and specialized health services will be made available by
designated providers in strategic locations. In line with this goal, the Department
of Health shall undertake the following responsibilities:

4. Provide technical assistance to define the package of minimum
health care for the Local Government Units;

2. Strengthen technical and managerial capability at the local level to
improve Local Government Units’ performance;

3. Facilitate compliance to accreditation requirements of health
facilities, products and services;

4. Provide venues for inter-agency coordination, including other
players in the health sector in a given locality;

5. Monitor and evaluate the Local Government Units’ performance
through the LGU scorecard;

6. Develop incentive mechanisms for Local Government Units
towards better performance in the delivery of health care; and

7. Rationalize the role of DOH hospitals to complement health care
services provided by the LGUs and the private sector.

Section 5. Health Strategies. The Department of Health shall intensify its
efforts to reduce public health threats by taking on the following strategies:

1, Undertaking disease-free zones initiative areas where diseases
such as malaria, filariasis, schistosomiasis, rabies, leprosy and
vaccine-preventable diseases are major health problems will be
identified and targeted for intensive campaigns to eliminate these
diseases as public health threats.

2. Implementing intensified disease prevention and control strategy for
other priority diseases such as tuberculosis, HIV-AIDS and other


communicable diseases will be undertaken in intensified disease
control zones where the greatest impact from health investments
could be derived.

3. Enhancing health promotion and disease surveillance to ensure
that the targets for disease elimination, prevention and control are
attained. Furthermore, Health promotion interventions will be
directed at the prevention and contro! of health hazards and health
risk-taking behaviors, particularly those associated with lifestyle
related diseases such as cardiovascular diseases, cancer, diabetes
mellitus and chronic obstructive pulmonary disease, among others.

Section 6. Community-Based Health Units. In areas where there are no
facility-based units, which provide curative, treatment and diagnostic services to
the people, the community-based health units which conduct promotive and
preventive work must be strengthened. The community-based health units
consist of rural health units (municipal health centers and rural health stations) of
the municipal or village level of local governments.

CHAPTER 3

AMENDMENTS TO REPUBLIC ACT 7875 OTHERWISE KNOWN AS
NATIONAL HEALTH INSURANCE ACT OF 1995

Section 7. Section 2, paragraph o of RA 7875 is hereby amended to read
as follows:

0) Public Health Services - The Government shall be
responsible for providing HOLISTIC HEALTH CARE WITH
HEALTH PROMOTION AND DISEASE PREVENTION (public
health services) for all groups such as women, children, indigenous
people, displaced communities in environmentally endangered
areas, while the Program shall focus on the provision of personal
health services. Preventive, ALTERNATIVE and promotive public
health services are essential for reducing the need and spending
for personal health services;

Section 8. Section 10 of RA 7875 is hereby amended to read as follows:

Section 10. Benefit Package. - Subject to the limitations
specified in this Act and as may be determined by the Corporation,
the following categories of personal health services granted to the
member or his dependents as medically necessary or appropriate,
shall include:

XXXXX


b) Outpatient care:

1) services of health care professionals;

2) diagnostic, laboratory, and other medical examination services;
3) personal preventive services; and

4) prescription drugs and biologicals, subject to the limitations
described in Section 37 of this Act;

5) SPECIALIZED TREATMENT SUCH AS THOSE FOR

HEMODIALYSIS, CHEMOTHERAPY, RADIOTHERAPY AND THE
LIKE.

Section 9. Section 11 of RA 7875 is hereby amended by deleting letters
a, b, e, fand g, to read as follows:

Section 11. Excluded Personal Health Service. - The
benefits granted under this Act shall not cover expenses for the
services enumerated hereunder except when the Corporation, after
actuarial studies, recommend their inclusion subject to the approval
of the Board:

(a) non-prescription drugs and devices;

b) out-patient psychotherapy and counseling for mental disorders;)
c) drug and alcohol abuse or dependency treatment;

d) cosmetic surgery;

(e) home and rehabilitation services;

f) optometric services;

g) normal obstetrical delivery;) and

h) cost ineffective procedures which shall be defined by the
Corporation.

Section 10. Section 23 of RA 7875 is hereby amended to read as follows:

SECTION 23. Functions. - Each LOCAL HEALTH
INSURANCE Office shall have the following powers and functions:


XXXX

¢) to collect and receive premiums and other payment contributions
to the Program(; ). HOWEVER, IN CASE OF SELF-EMPLOYED
MEMBERS IN AREAS WHERE THERE ARE NO LOCAL
HEALTH INSURANCE OFFICES, CONTRIBUTIONS MAY BE
COLLECTED BY COOPERATIVES LOCATED IN THE SAID
LOCALITY, DULY REGISTERED WITH THE COOPERATIVE
DEVELOPMENT AUTHORITY;

XXXX

p) to tap community-based volunteer health workers,
COOPERATIVE OFFICERS and barangay officials, if necessary,
for member recruitment, premium collection and similar activities,
and to grant such workers incentives according to the guidelines
set by the Corporation and in accordance with the applicable laws.
However, the incentives for the barangay officials shall accrue to
the barangay and not to the said officials;

q) to participate in information and education activities that are
consistent with the government's priority programs on disease
prevention and health promotion(;) and OTHER ALTERNATIVE
METHODS OF HEALTH CARE; AND

XXXX
Section 11. Section 24 of RA 7875 is hereby amended to read as follows:

Sec. 24. Creation of the National Health Insurance Fund. -
There is hereby created a National Health Insurance Fund,
hereinafter referred to as the Fund, that shall consist of:

XXXX

©) other appropriations earmarked by the national and local
governments purposely for the implementation of the Program().
FOR THIS PURPOSE, THE NATIONAL GOVERNMENT,
THROUGH THE OFFICE OF THE PRESIDENT, SHALL
ALLOCATE NO LESS THAN TWENTY (20%) PERCENT OF ITS
SOCIAL FUND FOR THE NATIONAL HEALTH INSURANCE
FUND, WHILE THE LOCAL GOVERNMENT UNITS SHALL
ALLOCATE FOR THE SAME PURPOSE, NO LESS THAN
TWENTY (20%) PERCENT OF THEIR RESPECTIVE ANNUAL
INTERNAL REVENUE ALLOTMENTS (IRA).


Section 12. Section 27 of RA 7875 is hereby amended to read as follows:

Section 27. Reserve Funds. - The Corporation shall set
aside a portion of its accumulated revenues not needed to meet the
cost of the current year’s expenditures as reserve funds: Provided,
That the total amount of reserves shall not exceed a ceiling
equivalent to the amount actuarially estimated for two years’
projected Program expenditures: Provided, further, That whenever
actual reserves exceed the required ceiling at the end of the
Corporation's fiscal year, the Program's benefits shall be increased
or member-contributions decreased prospectively in order to adjust
expenditures or revenues to meet the required ceiling for reserve
funds. PORTION OF THE CORPORATION’S RESERVE FUND
SHALL BE ALLOCATED FOR INFORMATION CAMPAIGN ON
HEALTH PROMOTION AND DISEASE PREVENTION Such
REMAINING portions of the reserve fund as are not needed to
meet the current expenditure obligations shall be invested in short-
term investments to earn an average annual income at prevailing
rates of interest and shall be known as the “Investment Reserve
Fund" which shall be invested in any or all of the following:

XXXX
Section 13. Section 29 of RA 7875 is hereby amended to read as follows:

Section 29. Payment for Indigent Contributions. -
Contributions for indigent members shall be subsidized partially by
the local government unit where the member resides. The
Corporation shall provide counterpart financing equal to the LGU’s
subsidy for indigents: Provided, That in the case of fourth, fifth and
sixth class LGU’s, the National Government shall provide up to
ninety percent (90%) of the subsidy for indigents (for a period not
exceeding five (5) years.) The share of the LGU's shall be
(progressively increased until such time that its share becomes
equal to that of the National Government.) NO LESS THAN
TWENTY (20%) PERCENT OF THE RESPECTIVE INTERNAL
REVENUE ALLOTMENTS (IRA).

Section 14. Section 40 of RA 7875 is hereby amended to read as follows:

SEC. 40. Grounds for Grievances. - The following acts shall
constitute valid grounds for grievance action:

a) any violation of the rights of the patients;


b) a willful neglect of duties of Program implementors that results in
the loss or non-enjoyment of benefits of members or their

dependents;
¢) unjustifiable delay in actions on claims;

d) delay in processing of claims that extends beyond the period
agreed upon; (and)

E) SPURIOUS CLAIMS FOR PHILHEALTH REIMBURSEMENTS
BY HEALTH PROVIDERS; AND

F(e) any other act or neglect that tends to undermine or defeat the
purposes of this Act.

CHAPTER 4

AMENDMENTS TO REPUBLIC ACT 7600 OTHERWISE KNOWN AS
ROOMING-IN AND BREASTFEEDING ACT OF 1992

Section 15. Section 3 of RA 7600 is hereby amended by adding the
following phrases:

1) HUMAN MILK BANK — A SERVICE ESTABLISHED FOR
THE PURPOSE OF COLLECTING, SCREENING,
PROCESSING, STORING AND DISTRIBUTING DONOR
HUMAN MILK TO MEET THE SPECIFIC MEDICAL AND
NUTRITIONAL NEEDS OF INDIVIDUALS FOR WHOM HUMAN
MILK IS PRESCRIBED.

XXXX

N) POST PARTUM LACTATION MANAGEMENT -
MONITORING OF BREASTFEEDING MOTHERS BY PRIVATE
DOCTORS FOR PRIVATE PATIENTS AND BY LACTATION
COUNSELORS FOR SERVICE PATIENTS TO ENSURE
COMPLIANCE WITH WORLD HEALTH ORGANIZATION (WHO)
AND THE UNITED NATIONS CHILDREN’S FUND (UNICEF) ON
THE IMPLEMENTATION OF BREASTFEEDING POLICIES.

Section 16. Chapter II of RA 7600 is hereby amended by adding the
following sub-sections:


SECTION 10-A. PRIORITY FOR DONATED HUMAN MILK
SHALL BE GIVEN TO INFANTS WITH THE FOLLOWING
MEDICAL CONDITION: A) PREMATURITY, B) NECROTIZING
ENTEROCOLITIS; C) FEEDING — INTOLERANCE; D)
MALABSORPTION SYNDROME; €£) POST-OPERATIVE
NUTRITION; F) IMMUNOLOGIC DEFICIENCIES

SECTION 10-B. PRIORITY FOR DONATED HUMAN MILK
SHALL BE GIVEN TO MOTHERS WITH THE FOLLOWING
MEDICAL CONDITION: A) MATERNAL ILLNESS LEADING TO
TEMPORARY INTERRUPTION OF BREASTFEEDING; B)
HEALTH RISK TO THE INFANT FROM THE MILK OF THE
BIOLOGICAL MOTHER.

SECTION10-C. HOSPITAL MILK BANK. A MILK BANK
SHOULD HAVE A SPACE FOR INTERVIEWING/SCREENING
DONORS, RECORD-KEEPING, COLLECTING, STORING AND
PROCESSING MILK.

THE FOLLOWING ARE THE MINIMUM EQUIPMENT
REQUIREMENT FOR A MILK BANK TO OPERATE:

1. MEDICAL-GRADE FREEZER (AT LEAST NEGATIVE 20
DEGREES CELSIUS)

. REFRIGERATOR (FOR THAWING PURPOSES)

. PASTEURIZER

LAVATORY

BREAST PUMPS

STERILIZER

PARON

SECTION 10-D. ENSURING SAFETY OF HUMAN MILK.
THE FOLLOWING ARE THE BASIC GUIDELINES IN ENSURING
SAFETY OF HUMAN MILK:

DONOR MOTHERS ARE TAUGHT PROPERLY BY HEALTH
CARE WORKERS OR LACTATION COUNSELORS ON THE
CORRECT WAY OF EXPRESSING BREAST MILK USING
SANITARY COLLECTING METHODS.

. ALL DESIGNATED HUMAN MILK COLLECTING STATIONS FOR
PROPER STORAGE OF EXPRESSED HUMAN MILK SHALL
HAVE WELL-VENTILATED SPACE, WITH SEATS,
REFRIGERATOR/FREEZERS, SINK/LAVATORY.


3. TRANSPORT OF HUMAN MILK IN ITS FROZEN STATE, FROM
COLLECTING STATIONS TO MILK BANKS, SHALL USE
INSULATED COOLERS/CONTAINERS.

4. ENSURING SAFETY OF HUMAN MILK - DESIGNATED HUMAN
MILK BANKS MUST CONDUCT A) DONOR SCREENING
THROUGH INTERVIEW AND PHYSICAL EXAMINATION; B)
LABORATORY SCREENING FOR DONORS AND C)
PASTEURIZATION.

5. RANDOM MICROBIOLOGICAL ANALYSIS OF PRE AND POST-
PASTEURIZED HUMAN MILK.

6. THE DEPARTMENT OF HEALTH SHALL CONDUCT REGULAR
INSPECTION AND MONITORING OF MILK BANKS TO IN
ORDER TO ENSURE SAFETY AND QUALITY OF DONOR
HUMAN MILK.

SECTION 10-E. DONOR MILK BANKS AS A LACTATION
SERVICE.

4. ALL WOMEN, CHILDREN, AND FAMILIES SHOULD BE
ASSURED ACCESS TO COMPREHENSIVE, CURRENT, AND
CULTURALLY APPROPRIATE LACTATION CARE AND
SERVICES.

2. THE MILK BANKS SHOULD PROVIDE LACTATION SUPPORT
THROUGH COUNSELING OF LACTATING MOTHERS AND
INTERESTED DONORS.

3. THE MILK BANK SHOULD ALSO EDUCATE PHYSICIANS,
MEDICAL STUDENTS AND NURSES THROUGH LECTURES
AND PERSONAL INTERVIEWS.

Section 17. Section 12 of RA 7600 is hereby amended to read as follows:

SEC. 12. Information Dissemination to Pregnant Women.- During
the prenatal, perinatal and postnatal consultations and/or confinements of
the mothers or pregnant women in a health institution, it shall be the
obligation of the health institution and the health personnel to immediately
and continuously teach, train, and support the women on current and
updated lactation management, OPTIONS FOR HUMAN MILK BANK,
and infant care, through participatory strategies such as organization of
mothers’ clubs and breastfeeding support groups and to distribute written
information materials on such matters free of charge.


Section 18. The second paragraph of Section 13 of RA 7600 is hereby
amended to read as follows:

Government health institutions shall receive an additional
appropriation equivalent to the savings they may derive as a result of
adopting rooming-in and breastfeeding AND IN INSTITUTING HUMAN
MILK BANKS. The additional appropriation shall be included in their
budget for the fiscal year.

CHAPTER 5

AMENDMENTS TO REPUBLIC ACT 7392, OTHERWISE KNOWN AS
PHILIPPINE MIDWIFERY ACT OF 1992

Section 19. The second paragraph of Section 13 of RA 7600 is hereby
amended to read as follows:

Sec. 23. Practice of Midwifery Defined. — The practice of
midwifery consist in performing or rendering, or offering to perform or
render, for a fee, salary, or other reward or compensation, services
requiring an understanding of the principles and application of procedures
and techniques in the supervision and care of women during pregnancy,
labor and puerperium management of normal deliveries, including the
performance of internal examination during labor except when patient is
with antenatal bleeding; health education of the patient, family and
community; primary health care services in the community, including
nutrition and family planning in carrying out the written order of physicians
with regard to antenatal, intra-natal and post-natal care of the normal
pregnant mother in giving immunization, including oral and parenteral
dispensing of oxytocic drug after delivery of placenta, suturing parietal
lacerations to control bleeding, to give intravenous fluid during obstetrical
emergencies provided they have been trained for that purpose; and may
inject Vitamin K to the newborn: Provided, however, That this provision
shall not apply to students in midwifery schools who perform midwifery
service under the supervision of their instructors, nor to emergency cases.

REGISTERED MIDWIVES AND STUDENTS IN MIDWIFERY
SCHOOLS SHALL UNDERGO EXTENSIVE BASIC EMERGENCY
TRAINING, SO THAT THEY CAN COMPLEMENT HEALTH SERVICES
IN UNDER-SERVED AREAS BY OTHER HEALTH PROFESSIONALS.


CHAPTER 6

AMENDMENTS TO REPUBLIC ACT 7160, OTHERWISE KNOWN AS LOCAL
GOVERNMENT CODE OF 1991

Section 20. Section 102, paragraph b, sub-paragraph 1 of RA 7160 is
hereby amended to read as follows:

SEC. 102. Creation and Composition. - (a) There shall be
established a local health board in every province, city or
municipality. The composition of the local health boards shall be as
follows:

x x x x
(b) The functions of the local health board shall be:

(1) To propose to the sanggunian concerned, in accordance
with standards and criteria set by the Department of Health, annual
budgetary allocations for the operation and maintenance of health
facilities and services within the municipality, city or province, as
the case may be. FOR THIS PURPOSE, NO LESS THAN
TWENTY PERCENT (20%) OF ANNUAL INTERNAL REVENUE
ALLOTMENT OF THE LOCAL GOVERNMENT UNIT
CONCERNED SHALL BE ALLOCATED FOR HEALTH
SERVICES.

CHAPTER 7
MISCELLANEOUS PROVISIONS

Section 21. Congressional Oversight Committee. For the effective
implementation of this Act, there shall be created a Congressional Oversight
Committee, hereinafter referred to as the Universal Health Care Oversight
Committee, to be composed of five (5) members from the Senate, which shall
include the Chairpersons of the Senate Committees on Health and Demography
and Local Government, and five (5) members of the House of Representatives,
which shall include the Chairpersons of the House of Representatives
Committees on Health and Local Government. The Universal Health Care
Oversight Committee shall be jointly chaired by the Chairpersons of the Senate
Committee on Health and Demography and the House of Representatives
Committee on Health. The Vice Chair of the oversight committee shall be jointly
held by the Chairpersons of the Senate and House of Representatives
Committees on Local Government.


Section 22. Implementing Rules and Regulations. The Department of
Health shall, within one hundred twenty (120) days from the effectivity of this Act,
promulgate the rules and regulations necessary to effectively implement its
provisions.

Section 23. Appropriations. For the initial implementation of this Act, the
amount of Twenty Five million pesos (Php25,000,000.00), in addition to the
budget of the Department of Health, shall be provided for the operations of the
Office of the Secretary of the Department of Health. The Universal Health Care
Oversight Committee shall be provided an initial budget of Five Million pesos
(Php5,000,000.00) to perform its functions as mandated under this Act.
Thereafter, such sum as may be necessary for its continued implementation shall
be included in the annual General Appropriations Act.

Section 24. Separability Clause. — Any portion or provision of this Act that
may be declared unconstitutional or invalid shall not have the effect of nullifying
other portions and provisions hereof as long as such remaining portion or
provisions can still subsist and be given effect in their entirety.

Section 25. Repealing Clause. - Alll existing laws, orders, decrees, rules
and regulations or parts thereof inconsistent with the provisions of this Act are
hereby repealed or modified accordingly

Section 26. Effectivity. - This Act shall take effect after fifteen (15) days
from its publication in at least two (2) national newspapers of general circulation,

Approved,