Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No._3'757

Introduced by Representatives Mariano Michael M. Velarde Jr., Jose L. Atienza Jr.
and Irwin C. Tieng (BUHAY Party List)

EXPLANATORY NOTE
This Bill seeks to require Local Government Units (LGU’s) to appropriate five percent
(996) of their Infernal Revenue Allotment (IRA) for Medical Assistance to Children with Special
Health Care Needs residing within their respective territorial jurisdictions.
This Bill has strong constitutional and legal anchor.
Constitutionally, it is provided in Article XV of the 1987 Constitution, as follows:
“Section 3. The State shall defend:
xxx
“@) The right of children to assistance, including proper care and
nutrition, and special protection from all forms of neglect, abuse, cruelty,
exploitation and other conditions prejudicial to thelr development,” (Fpiusis
soppled)

Legally, Presidential Decree No, 603 [December 10, 1974}, otherwise known as the
“Child and Youth Welfare Code,” provides in its Article 3 as follows:

“Article 3. Rights of the Child. - All children shall be entitled to the rights
herein set forth without distinction as to legitimacy or illegitimacy, sex, social
status, religion, political antecedents, and other factors.

XXK

“(4) Every child has the right to a balanced diet, adequate clothing, sufficient
shelter, proper medical attention, and all the basic physical requirements of a
healthy and vigorous life.

XXX


“(9) Every child has the right to live in a community and a society that can
offer him an environment free from pernicious influences and conducive to
the promotion of his health and the cultivation of his desirable traits and
attributes.

(10) Every child has the right to the care, assistance, and protection of the
State, particularly when his parents or guardians fail or are unable to
provide him with his fundamental needs for growth, development, and
improvement.

xxx”
To breathe life to the said constitutional and legal precepts, a law is necessary to be

passed by Congress that would guarantee and ensure, in concrete terms, its full realization and
in mentation.

apn tHat the passage of this bill is earnestly entreated.

1a layde, Jr.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No, 8797

Introduced by Representatives Mariano Michael M. Velarde Jr., Jose L. Atienza Jr.
and Irwin C, Tieng (BUHAY Party List)

AN ACT MANDATING ALL LOCAL GOVERNMENT UNITS TO ALLOCATE AT
LEAST FIVE PERCENT (5%) OF THEIR INTERNAL REVENUE ALLOTMENT FOR
MEDICAL ASSISTANCE TO CHILDREN WITH SPECIAL HEALTH CARE NEEDS

RESIDING WITHIN THEIR TERRITORIAL JURISDICTION

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

SECTION 1. Declaration of Policy. ~ It is hereby declared a policy of the State to provide all
possible medical assistance to Children with Special Health Care Needs.

SECTION 2. Children with Special Health Care Needs. — For purposes of this Act, Children
with Special Health Care Needs shall include, but not be limited to, those who suffer from
medically diagnosed Attention Deficit Hyperactivity Disorder (ADHD ADD/ADHD), autism,
blind/vision or deaf/hearing impairment, cerebral palsy, cognitive disabilities, diabetes, down
syndrome, epilepsy and other illnesses which may be identified and classified by the Department
of Health (DOH) as falling within this classification.

SECTION 3. Medical Assistance, - The term “Medical Assistance” means so much of the
following medical and remedial care and services that shall be provided by the Local
Government Unit (LGU) for Children with Special Health Care Needs as may be determined and
prescribed by the DOH, in accordance with the standards as may be established pursuant to this
‘Act, including payments made for services provided under an insurance or other contractual
‘arrangement and money paid directly to the recipient for the purchase of medical care:

(a) Inpatient hospital services, other than services in an institution for mental diseases;

(b) Outpatient hospital services;

(c) Other laboratory and X-ray services;

(@) Skilled nursing facility services, other than services in an institution for mental
diseases;

(c) Physicians’ services, whether furnished in the office, the patient’s home, a hospital, a
skilled nursing facility or elsewhere;


(Q) Medical care, or any other type of remedial care recognized under the law, furnished
by licensed practitioners within the scope of their practice as defined by law;

(g) Home health care services;

(h) Ambulance services;

(h) Clinic services;

(i) Physical therapy and related services;

(j)_ Prescribed drugs, including those dispensed and administered as provided under the
law;

(k) Other diagnostic, screening, preventive and rehabilitative services;

(1) Any other medical care, and any other type of remedial care recognized under state
law;

(m) Periodic screening and diagnosis to ascertain their physical or mental impairments,
and such health care, treatment and other measures to correct or ameliorate
impairments and chronic conditions discovered thereby; and

(n) Hospice services.

SECTION 4. Funding. - Each LGU shall appropriate in its annual budget an amount equivalent
to at least five percent (5%) of its total share in the Internal Revenue Allotment (IRA) to be used
solely and exclusively for the Medical Assistance mandated under this Act to be granted to
Children with Special Health Care Needs residing within its territorial jurisdiction

SECTION 5. Implementing Rules and Regulations, — The Secretary of the Department of
Interior and Local Government (DILG) and the Secretary of the Department of Health (DOH)
shall jointly promulgate the necessary rules and regulation for the effective implementation of
this Act.

SECTION. 6. Separability. — In the event that any provision of this Act shall, at any time, be
found to be unconstitutional or invalid, the remainder thereof not affected by such declaration
shall remain in full force and effect.

SECTION 7. Repeal. - All laws, decrees, rules or regulations inconsistent with the provisions of
this Act are hereby repealed or modified accordingly.

SECTION 8. Effectivity. - This Act shall take effect after fifteen (15) days following its
complete publication in two (2) newspapers of general circulation.

layde Jr.