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EIGHTEENTH CONGRESS % Sf
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HOUSE BILL NO.

INTRODUCED BY REPRESENTATIVE ALFRED VARGAS

EXPLANATORY NOTE
‘The 1987 Philippine Constitution provides that:

“The State values the dignity of every human person and
guarantees full respect for human rights (Article I, Section 11).”

“The State shall protect and promote the right to health of the
people and instill health consciousness among them (Article 11,
Section 15).”

“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 (Article XIII, Section 11).”

People often misconstrue death is an unnatural aspect of life and, therefore,
is considered as a failure of the health care system. As a result, many patients
suffering from terminal illnesses are often neglected and, worse, treated like
cadavers even when they are still alive. Thus, the State must nurture an effective
health care system that not only works on curing and preventing sickness but also
on relieving the pain and suffering of dying patients, helping them and their
families to face the inevitability of death with more courage and dignity.

This bill seeks the integration of palliative and hospice care into the
country’s health care system.

In view of the foregoing, the immediate passage of this bill is humbly
sought.

‘ALFRED VARGAS:


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

EIGHTEENTH CONGRESS
First Regular Session

2010
HOUSE BILL NO.

INTRODUCED BY REPRESENTATIVE ALFRED VARGAS

AN ACT
INTEGRATING PALLIATIVE AND HOSPICE CARE INTO THE PHILIPPINE
HEALTH CARE SYSTEM

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 “Palliative and
Hospice Care Act.”

SEC. 2. Declaration of Policy. - The State guarantees the right of the people
to quality health care; ensuring that the health status of the people is to be made
as good as possible over the entire life cycle. As the Constitution mandates, an
integrated and comprehensive approach to health development shall endeavor to
make essential goods, health and other social service available to all people at
affordable cost even to patients suffering from life-threatening illnesses.

SEC. 3. Palliative and Hospice Care Defined. - As used in this Act, palliative
and hospice care refers to an approach that improves the quality of life of patients
with life-threatening, complex, and chronic illnesses or those experiencing
progressively debilitating diseases beyond any benefit from curative or definitive
treatment, regardless of life expectancy. The approach covers the prevention and
relief of suffering by means of early identification, assessment, and management of
pain and symptoms.

SEC. 4. Accreditation. - Hospitals, private hospice institutions, medical
practitioners, health workers, and social workers for palliative and hospice care
shall be accredited by the Department of Health (DOH). The DOH, in partnership
with the National Palliative and Hospice Care Council of the Philippines (Hospice
Philippines, Inc.) shall formulate the rules and guidelines for accreditation to
ensure a standard quality of palliative care services.

SEC. 5. Quality Assurance - Key elements necessary to ensure quality
palliative care services in accredited hospitals and hospices include the following:
a. Adequate number of multi-specialty personnel;
b. Assured financing for health and custodial services;


©. Clear and practical standards for facilities and services;
d. Appropriately designed and equipped facilities; and
e. Regular and systematic supervision and reporting to the DOH.

SEC. 6, Mandatory Palliative and Hospice Service. - All government and
private hospitals shall provide palliative and hospice care services to patients with
life-threatening illnesses.

Hospitals are required to link with a referral and aftercare network that is
organized and made functional by all provincial, city and municipal governments
under the guidance and monitoring of the DOH.

Rural health units, health centers, and health offices are required to develop
home-based or near home palliative care program in coordination with
government-owned and privately-owned hospices in the local government units.

SEC. 7. Leave Benefits, - Immediate family members of relatives who are
employed, whether in the public or private sectors, and are assigned by the family
to provide palliative and hospice care to a critically-ill relative shall be allowed to
use all existing leave benefits granted by their employers subject to the guidelines
on the use of said leave benefits.

The DOH, in coordination with the Civil Service Commission, the Social
Security System, the Government Service Insurance System, and the Department
of Labor and Employment, shall be tasked to formulate the necessary guidelines in
the implementation of Section 7 of this Act.

SEC. 8. Education and Training of Health Care Professionals and
Volunteers. - The DOH, in partnership with the National Hospice and Palliative
Care Council of the Philippines and other accredited members, shall develop the
education and training modules for health care professionals and workers.

The Commission on Higher Education shall integrate courses on the
principles and practice of Palliative Care and Hospice Care into the curriculum of
Medicine and Nursing, as well asin all paramedical and allied health courses.

SEC. 9. Continuing Research. - The DOH, in coordination with the
Philippine Council for Health Research and Development of the Department of
Science and Technology, shall ensure a continuing research and collection of data
on palliative and hospice care and availability of funds for this purpose.

SEC, 10. Implementing Agency. - The DOH - Office for Technical Services,
in coordination with other offices of the Department, is hereby mandated to
perform the following functions:
a. Promote palliative care in the Philippine through advocacy and social
marketing;
b, Formulate policies and develop standards on quality palliative and
hospice care;
Monitor the enforcement of standards and implementation of the
program on palliative and hospice are;


. Mobilize and generate resources for sustainability of operation;
Network with international hospice associations;

Coordinate research undertakings with other institutions and agencies;

, Serve as repository of database for policy-making and maintenance of
palliative care registry;

. Organize and develop continuing training programs for physicians,
nurses, physical therapists, and other professional health workers and
volunteer workers in the field of palliative care;

i. Serve as the coordinating center of a national palliative care network

located in the different regions of the country; and

j. Establish a Code of Ethics and standards in the practice of palliative

health care.

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SEC. 11. PhilHealth Benefit Package. - Pursuant to this Act, the PhilHealth
shall increase its present benefit package to include in-patient palliative services,
outpatient hospice care, and home-based palliative care.

SEC. 12. Funding Support. - All non-profit, DOH accredited palliative and
hospice care institutions which are serving indigent patients shall qualify as
institutional beneficiaries under the Philippine Charity Sweepstakes Office (PCSO)
Institutional Financial Assistance Program: Provided, That the hospice care
institutions comply with the documentary and other requirements of the said
Program.

SEC. 13. Tax Exemptions, - Any donation or bequest made to the DOH that
is intended for palliative and hospice care shall be exempt from the donor's tax and
the same shall be considered as allowable deduction from the gross income of the
donor, in accordance with the provision of the National Internal Revenue Code of
1997, as amended: Provided, That such donations shall be disposed of, transferred
or sold.

SEC. 14. Appropriations. - The initial amount necessary to implement the
provisions of this Act shall be charged against the current year’s appropriation of
the Department of Health. Thereafter, such sums as maybe necessary for the
continued implementation of this Act shall be included in the Annual General
Appropriations Act.

SEC. 15. Implementing Rules and Regulations. - Within sixty (60) days
from the approval of this Act, the Secretary of Health, after consultation with the
National Palliative and Hospice Care Council of the Philippines (Hospice
Philippines, Inc. shall promulgate the rules and regulations implementing the
provisions of this Act.

SEC. 16. Separability Clause, - In case any provision of this Act is declared
unconstitutional or invalid, the other provisions hereof which are not affected
thereby shall continue in full force and effect.


SEC. 17. Repealing Clause. - All laws, executive orders, rules and
regulations, or any part thereof inconsistent herewith are deemed repealed,
modified, or amended accordingly.

SEC. 18. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in any newspaper of general circulation.

Approved,