GUIDELINES TO IMPLEMENT THE PROVISIONS OF REPUBLIC ACT 9442, OTHERWISE KNOWN AS “AN ACT AMENDING REPUBLIC ACT NO. 7277, OTHERWISE KNOWN AS THE “MAGNA CARTA FOR DISABLED PERSONS,…

I. RATIONALE

Republic Act No. 7277, “An Act Providing for the Rehabilitation,
Self-Development, and Self-Reliance of Persons with Disability and Their
Integration into the Mainstream of Society and for Other Purposes,” and
otherwise known as “The Magna Carta for Disabled Persons,” was passed
in March 24, 1992. This specifically required the Department of Health
(DOH) to, (1) institute a national health program for PWDs, (2)
establish medical rehabilitation centers in provincial hospitals, and
(3) adopt an integrated and comprehensive approach to the health
development of PWD which shall make essential health services available
to them at affordable cost.

Rule IV, Section 4, Paragraph B of the implementing rules and
regulations (IRR) of this Act required the Department of Health to
address the health concerns of seven (7) different categories of
disability, which includes the following: (1) Psychosocial and
behavioral disabilities, (2) Chronic illnesses with disabilities, (3)
Learning (cognitive or intellectual) disabilities, (4) Mental
disabilities, (5) Visual/seeing disabilities, (6) Orthopedic/moving, and
(7) Communication deficits.

In addition, Republic Act No. 9442, otherwise known as, “An Act
Amending Republic Act No. 7277, otherwise known as the “Magna Carta for
Disabled Persons, and for Other Purposes,” states in Section 1 that “…
a new chapter, to be denominated as Chapter 8. Other privileges and
Incentives’ is hereby added to Title Two of Republic Act No. 7277,
otherwise known as the “Magna Carta for Disabled Persons”, with new
Sections 32 and 33, to read as follows:

“CHAPTER 8. Other Privileges and Incentives

“SEC. 32. Persons with disability shall be entitled to the following:

(a) At least twenty percent (20%) discount for the purchase of
medicines in all drugstores for the exclusive use or enjoyment of
persons with disability;

(b) At least twenty percent (20%) discount on medical and dental
services including diagnostic and laboratory fees such as, but not
limited to x-rays, computerized tomography scans and blood tests, in all
government facilities, subject to guidelines to be issued by the
Department of Health (DOH), in coordination with the Philippine Health
Insurance Corporation (PHILHEALTH);

(c) At least twenty percent (20%) discount on medical and dental
services including diagnostic and laboratory fees, and professional fees
of attending doctors in all private hospitals and medical facilities,
in accordance with the rules and regulations to be issued by the DOH, in
coordination with the PHILHEALTH…”

The Implementing Rules and Regulations also stipulates in Rule IV
Section 6, paragraph 10 that, “Express lanes for persons with disability
shall be provided in all private, commercial and government
establishments, in the absence thereof, priority shall be given to them
in all the transactions of the establishments”. LGUs shall ensure that
this provision is implemented within their area of jurisdiction. There
should be an assigned person in all government agencies/offices and
private establishments and to provide a section or desk manned by
trained personnel to assist persons with disability. The personnel
assigned shall be part of the existing human resource in all other
government agencies/offices and private establishments as the case maybe
or whenever possible.

Cognizant of the needs of the persons with disabilities and the
economic and financial viability of the medical practitioners and
hospitals, this Order is issued to support the Implementing Rules and
Regulations of RA 9442. Policies and guidelines are enumerated herewith
to guide the hospitals and medical, allied medical, paramedical or
medical social worker practitioner so as to provide a fair, just and
quality health care to PWDs while maintaining the financial and economic
viability of the hospitals.

II. OBJECTIVES

To prescribe the procedures and guidelines for the implementation of the 20% discount in all health related services for PWDs

III. COVERAGE AND SCOPE

This Administrative Order applies to all private and government
hospitals, health-related facilities, the health care professionals,
the Philippine Health Insurance Corporation, and related health-care
establishments, pharmacies and other establishment dispensing medicines.

IV. DEFINITION OF TERMS

Consistent with the pertinent definitions used in the Implementing
Rules and Regulations of RA 7277 and RA 9442, the following terms shall
be defined as follows:

1. ASSISTIVE DEVICES – Any device that is designed, made, or
adapted to assist a person to perform a particular task or activity for
daily living. For examples, hearing aides, electronic voice products,
talking watches and related talking electronic equipment, canes,
crutches, walkers, wheel chairs, and shower chairs are all assistive
devices.

2. BIRTHING HOME OR CENTER – A medical facility designed to provide
a comfortable, homelike setting during childbirth and that is generally
less restrictive than a hospital in its regulations, as in permitting
the practice of midwifery.

3. CHRONIC ILLNESS – words to describe a group of health conditions
that last a long time. It may get slowly worse over time or may become
permanent or it may lead to death. It may cause permanent change to the
body and it will certainly affect the person’s quality of life.

4. CLINIC means a place in which patients avail of medical
consultations or treatment s on an outpatient basis. However, any clinic
or dispensary where there is at least six (6) beds or cribs or
bassinets installed for twenty-four hour use by patients shall be
construed to fall within the definition of a hospital as described in RA
4226, the Hospital Licensure Act.

5. COMMUNICATION DISABILITY – An impairment in the process of
speech, language or hearing: a) Hearing impairment is a total or partial
loss of hearing function which impedes the communication process
essential to language, educational, social and/or cultural interaction
b) ”Speech and Language Impairments” mean one or more speech/ language
disorders of voice, articulation, rhythm and/or the receptive and
expressive processes of language.

6. CHILD WITH DISABILITY – persons below eighteen (18) years of age
and those over but with mental capacity as that of a child and are
unable to fully take care of themselves or protect themselves because of
mental retardation, hearing impairments including deafness, speech or
language impairments, visual impairments including blindness, serious
emotional disturbance, orthopedic impairments, autism, traumatic brain
injury, other health impairments or specific learning disabilities who
by reason thereof need special education and other services.

7. DENTAL SERVICES – services related to oral examination,
cleaning, permanent and temporary filling, extractions and gum
treatments, restoration, replacement or repositioning of teeth, or
alteration of the alveolar or periodontium process of the maxilla and
the mandible that are necessary for the diagnosis and/or treatment of a
dental illness, injury or condition.

8. DIAGNOSTIC AND LABORATORY TESTS – any procedure conducted for
diagnostic purposes. It shall include such procedures as x-rays,
CT-scans, MRI scans, PET scans, blood chemistry exams, his topathology, and immunopa thology, hematology, urine analysis, parasitology,
and bacteriology tests, serology, blood banking and all other
diagnostic radiology, clinical laboratory and other diagnostic
examinations that are necessary for the diagnosis of the disability or
medical condition of a disabled person. It shall also include clinical
psychological tests, assessment of speech conditions, and tests for
hearing acuity, visual acuity, learning impairment, and related
psychosocial conditions like drug testing.

9. DISABILITY – The interaction between persons with impairments
and attitudinal and environmental barriers that hinders their full and
effective participation in society on an equal basis with others.

10. DISABILITY TYPES – the 7 types of disabilities mentioned in RA
7277 are psychosocial disability, disability due to chronic illness,
learning disability, mental disability, visual disability, orthopedic
disability, and communication disability.

11. ESTABLISHMENTS DISPENSING MEDICINES AND ASSISTIVE DEVICES –
drug stores, assistive device stores, government or private hospital
pharmacies, medical clinics, optical clinics, audiology centers, and
similar establishments dispensing medicines and selling assistive
devices duly licensed or franchised by the BFAD and/or the local
government unit.

12. GOVERNMENT HEALTH FACILITY – hospitals, outpatient clinics,
health centers, rural health units or stations, clinical laboratory,
diagnostic radiology center, audiology centers, optical clinics,
psychological testing centers, drug testing centers, and other
outpatient health facilities operated and maintained partially or wholly
by the national, provincial, city or municipal government, or other
political unit; or by any department, division, board or agency thereof.
The facilities include DOH retained hospitals, specialty hospitals
which are government owned and controlled corporations (GOCCs); medical
clinics in GOCCs; and hospital or health facilities owned and managed by
local government units, state colleges and universities, the Department
of National Defense, the Department of Interior and Local Government
and other government agencies.

13. GOVERNMENT HOSPITAL is a hospital operated and maintained
either partially or wholly by the national, provincial, municipal, or
city government or other political subdivision, or by any department,
division, board or other agency thereof.

14. HEALTH CARE PROFESSIONAL – any licensed physician, dentist,
nurse, midwife, allied medical practitioner, paramedical practitioner,
or other health care professional or practitioner duly licensed to
practice in the Philippines.

15. HEARING DISABILITY – moderate or worse hearing impairment in
the better ear; that is, the permanent unaided hearing threshold level
of the better ear of 41 or 31 decibels or greater in age under 15 years
old.

16. HEARING IMPAIRMENT – the complete or partial loss of the
ability to hear from one or both ears; with 26 decibels or greater
hearing threshold, averaged at frequencies 0.5, 1.0, 2.0, and 4.0
kilohertz.

17. HOSPITAL – means a place devoted primarily to the maintenance
and operation of facilities for the diagnosis, treatment and care of
individuals suffering from illness, disease, injury or deformity, or in
need of obstetrical or other medical and nursing care. The term shall
also be construed as any institution, building or place where there are
installed beds or cribs or bassinets for twenty-four hour use of longer
by patients in the treatment of diseases, diseased-condition, injuries,
deformities or abnormal physical and dispensaries, and such other means
by which they may be designated.

18. IDENTIFICATION DOCUMENT – any document or proof of being
disabled which shall be used for availment of benefits and privileges
under the law, such as the PWD identification card duly signed by
anyone of the following: the Mayor, Barangay Captain or Chairperson of
the National Council for the Welfare of Disabled Persons (NCWDP) now the
National Council on Disability Affairs (NCDA), during the first 3
years. The signatory of the PWD identification card after this period
shall be the Chairperson of the NCDA.

19. IMPAIRMENT – any loss, diminution or aberration of
psychological or physiological function with or without an accompanying
anatomical structural defect.

20. LEARNING DISABILITY – any disorder in one or more of the basic
psychological processes (perception, comprehension, thinking, etc.)
involved in understanding or in using spoken or written language.

21. MEDICAL DEVICES – an instrument, apparatus, equipment, machine,
contrivance, implant, in vitro reagent, or other similar or related
article, including a component part, or accessory which is: (1) intended
for use in the diagnosis of disease or other conditions, or in the
cure, mitigation, treatment, or prevention of disease, in persons with
disabilities, (2) intended to affect the structure or any function of
the body of PWDs, and which does not achieve any of its primary intended
purposes through chemical action within or on the body of man or other
animals and which is not dependent upon being metabolized for the
achievement of any of its primary intended purposes.

22. MEDICAL SERVICES – shall refer to the hospital room
accommodation, hospital services, medical supplies, professional
services of physician, allied medical practitioner, or paramedical
practitioner and other health care professionals, diagnostic services,
and laboratory services that are necessary for the prevention,
diagnosis, treatment, rehabilitation, and palliation of a persons
disability, illness or injury. This should not be limited to hospital
services but should include clinics and other health facilities.

23. MEDICALLY NECESSARY – Services required to preserve and
maintain the health status of a person in accordance with the accepted
standards of the medical practice in the medical community or services
which are absolutely necessary in treating a patient and which could
adversely affect the patients’ condition if it were omitted.

24. MEDICINES – refers to both prescription and non-prescription
medicines and drugs approved by the Bureau of Food and Drugs, intended
for the prevention, diagnosis, cure, mitigation, treatment,
rehabilitation, and palliation of diseases, injury or other medical
conditions.

25. MENTAL DISABILITY – disability resulting from organic brain
syndrome (i.e. Mental retardation, acquired lesions of the central
nervous system, or dementia) and or mental illness (psychotic or
non-psychotic disorder).

26. MULTIPLE DISABILITY – a PWD with one or more of the 7 types of disabilities.

27. ORTHOPEDIC DISABILITY – disability in the normal functioning of the joints, muscles or limbs.

28. PERSON WITH DISABILITY (PWD) – include those who have long-term
physical, mental, intellectual or sensory impairments which in
interaction with various barriers may hinder their full and effective
participation in society on an equal basis with others.

29. PRIVATE HOSPITAL – is one which is privately owned, established
and operated with funds raised or contributed through donations, or by
private capital or other means, by private individuals, association,
corporation, religious organizations, forms, company or joint stock
association.

30. PRIVATE HOSPITALS AND MEDICAL FACILITIES – shall refer to all
pay inpatient and outpatient health and medical facilities privately
owned, established and operated with funds through donation, principal,
investment or other means, by any individual, corporation, association
or organization. The facilities include hospitals, clinical
laboratories, diagnostic radiology centers, doctor’s clinics, dental
clinics and other health facilities that are licensed by the Bureau of
Health Facilities and Services (BHFS) of the DOH and/or the local
government.

31. PSYCHOSOCIAL DISABILITY – any acquired behavioral, cognitive,
emotional or social impairment that limits one or more activities
necessary for effective interpersonal transactions and other civilizing
process or activities for daily living such as but not limited to
deviancy or anti-social behavior.

32. Service Ward in government facility shall be the same as the
Class D classification of Administrative Order No. 51-A, s. 2000
otherwise known as the implementing guidelines on Classification of
Patients and on availment of Medical Social Services in Government
Hospitals. Class D classification is provided full social services.

33. UNBRANDED GENERIC MEDICINES – drugs not covered by patent
protection and which are labeled solely by their international
non-proprietary or generic name and without a brand name.

34. VISUAL DISABILITY – A person with visual disability
(Impairment) is one who has impairment of visual functioning even after
treatment and/or standard refractive correction, and has visual acuity
in the better eye of less than (6/18 for low vision and 3/60 for blind),
or a visual field of less than 10 degrees from the point of fixation. A
certain level of visual impairment is defined as legal blindness. One
is legally blind when your best corrected central visual acuity in your
better eye is 6/60 or worse or your side vision is 20 degrees or less in
the better eye

V. POLICY STATEMENT

The following are the privileges for PWDs:

1. All persons with disability in all service wards of government facilities
are entitled to a 20% discount for the costs of medical, dental, and
rehabilitation services, diagnostic and laboratory fees, as well as
psychological or developmental tests, provided that these are in
accordance with the available Clinical Practice Guidelines or Hospital
Treatment Protocols. The remaining balance of the hospital bill shall be
subjected to classification by the Medical Social Worker based on the
existing DOH guidelines. If the PWD deserves a free service after
evaluation, then such services shall be given free.

2. All persons with disability that are confined in the pay sections of the government health facilities
are granted twenty (20%) discount for medical and dental services, and
diagnostic and laboratory fees, provided that these are in accordance
with the available Clinical Practice Guidelines or Hospital Treatment
Protocols. For outpatient the same rule shall be followed.

3. All PWDs are granted the privilege of twenty percent (20%) discount in all private hospitals and medical facilities
for the costs of medical, dental, rehabilitation, occupational and
physical and speech therapies or services, and diagnostic and laboratory
fees such as, but not limited to, x-rays, CT-scans, blood tests and
others, including professional fees of attending doctors.

4. Services which are not medically necessary for the prevention,
diagnosis, treatment, rehabilitation, or palliation shall not be
provided with any discount. This shall include but not limited to
cosmetic surgical procedures, executive check-up packages, and physical
examinations, without clinical evidence of effectiveness and efficiency.
20% discount is granted to specials reagents, dyes, contrast media, and
radioactive isotopes used in laboratory and diagnostic tests.

5. The grant of twenty percent (20%) discount shall be provided in
the purchase of branded medicines and unbranded generic medicines from
all establishments dispensing medicines for the exclusive use of the
PWDs.

6. PhilHealth Privileges

Consistent with the National Health Insurance Act of 1995 and the
Health Sector Reform Agenda, all Filipinos shall be encouraged to be
PhilHealth members or at least be a dependent of active PhilHealth
members. Persons with Disability who are not yet non-paying PhilHealth
members may become PhilHealth members if they are sponsored or enrolled
by their Local Government Unit (LGU) or voluntarily enroll themselves as
individually paying members.

PhilHealth must make available reimbursement schedules to health
care practitioners provided it is consistent with PhilHealth’s legal
mandates and policies.

VI. IMPLEMENTING RULES AND MECHANISMS FOR THE AVAILMENT OF PRIVILEGES

1. Subsidized Services in In-Patients and Out-patient Sections of Government Health Facilities

a. Hospital Bed – Hospital bed for a PWD confined in a service ward
shall be classified based on A.O. No. 51-A, s. 2000 known as the
implementing guidelines on the Classification of Patients and on
availment of Medical Social Services in Government Health facilities.
Those classified as Class D shall be free of charge provided that it is
necessary to diagnose and treat an illness or injury and in accordance
with the available Clinical Practice Guidelines or Hospital Treatment
Protocols.

b. Laboratories and diagnostics services provided to an in-patient
PWD in a service ward that are medically necessary as determined by
his/her attending physician, shall be given 20% discount, provided that:

i. Diagnosis and/or treatment by the attending physician shall be
in accordance with the Clinical Practice Guidelines (CPGs) or Hospital
Treatment Protocols.

ii. Evidence-based health screening tests that had been
extensively tested for the local setting and endorsed by the DOH as
medically necessary for individual cases shall be provided free by the
government facility.

iii. This shall also be subjected to the classification of the Medical Social Worker.

All laboratories and diagnostics provided to PWDs admitted in the service ward which are deemed not medically necessary for the illness or injury for which he/she is confined shall not be given a 20% discount.

c. Laboratories and Diagnostic Services for Out-patient PWDs

All PWDs shall be given 20% discount for laboratory and diagnostic
services. The balance shall be paid by the Out-Patient PWD based on
his/her Medical Social Worker Classification, provided that:

i. Diagnosis and/or treatment by the attending physician shall be
in accordance with the available Clinical Practice Guidelines (CPGs)
or Hospital Treatment Protocols and have been determined medically
necessary.

ii. Evidence-based health screening tests had been extensively
tested for the local setting and endorsed by the DOH as medically
necessary for individual.

iii. The laboratory and diagnostic services have been determined by his/her attending physician as medically necessary.

iv. The requesting physician is employed in the government health
facility where the laboratory or diagnostic tests shall be conducted.

All requests for laboratory and diagnostic tests from physicians
who are not employed in the government health facility shall only be
granted a 20% discount upon final evaluation of the recipient
government facility as medically necessary.

d. Dental Services

All dental services that are deemed to be medically necessary by the attending dentist shall be granted free of charge.

e. PhilHealth-Related Benefits

In case the PWD is a PhilHealth member or a dependent, government
facilities must ensure that the charges for services shall be deducted
and charged to the PWDs PhilHealth benefits coverage. It is only after
these deductions are made that the PhilHealth accredited health
facilities can exercise its right to the PhilHealth reimbursement or
coverage for the subsidized services.

f. Rehabilitation and Other specialized Services prescribed by
attending physician or by a rehabilitation specialist including the
purchase of assistive devices by PWD shall be given 20% discount.

2. Non-Subsidized Services in Pay Sections of Government Health Facilities

The PWDs confined in the pay sections of government health facilities
shall be granted twenty percent (20%) discount for the following
services:

a. Hospital Bed – A hospital bed in a pay sections which is deemed
medically necessary to diagnose and treat an illness or injury in
accordance with the available Clinical Practice Guidelines (CPGs) or
hospital treatment protocols.

b. Laboratories and Diagnostic Services for In-patient PWD

i. All in-patient and out-patient laboratory and diagnostic
examinations for PWD in pay sections shall be granted 20% discount;
provided that such diagnosis and/or treatment by the attending physician
shall be in accordance with available Clinical Practice Guidelines
(CPGs) or hospital treatment protocols.

ii. All inpatient laboratories and diagnostics that are provided
to PWD admitted to a health facility other than the service ward shall
only be granted a 20% discount.

iii. Twenty percent discount is granted to special reagents,
dyes, contrast media, and radioactive isotopes used in laboratory and
diagnostic tests.

c. Dental services

All dental services that are deemed to be medically necessary by
the attending dentist shall be granted a twenty percent (20%) discount.

d. PhilHealth-Related Benefits

In case the PWD is a PhilHealth member or a dependent, government
facilities must ensure that the charges for services shall be deducted
and charged to the PWDs PhilHealth benefits coverage. It is only after
these deductions are made that the PhilHealth accredited health
facilities can exercise its right to the PhilHealth reimbursement or
coverage for the subsidized services.

e. Rehabilitation and other specialized Services prescribed by
attending physician or by a rehabilitation specialist including the
purchase of assistive devices by PWD shall be given 20% discount.

3. Twenty percent (20%) Discount in Private Health Facilities

The PWDs confined in the private health facilities shall be granted twenty percent (20%) discount for the following services:

a. Hospital Bed – A PWD confined in a private hospital is granted a
twenty percent (20%) dis count for the hospital bed, provided the
requirements stated below are followed:

i. The available room and board accommodation shall be deemed as
medically necessary to diagnose and treat illness, injury or disability.

ii. All existing privileges that go with the hospital bed shall also accrue to the PWD.

b. Laboratories and Diagnostic Services

i. All in-patient laboratories and diagnostic services of PWD
shall be granted a twenty percent (20%) discount based on the preferred
room and board accommodation provided that such diagnosis and/or
treatment by the attending physician shall be in accordance with the
available Clinical Practice Guidelines (CPGs) or hospital treatment
protocols.

ii. All out-patient laboratories and diagnostic services shall be
granted a 20% discount provided that such diagnosis and/or treatment by
the attending physician shall be in accordance with Clinical Practice
Guidelines (CPGs) or Hospital treatment protocols.

c. Dental Services

All dental services that are deemed to be medically necessary by
the attending dentist shall be granted a twenty-percent (20%) discount.

d. PhilHealth-Related Benefits

In case the PWD is a PhilHealth member or a dependent, the 20%
discount shall not be charged to the PWD’s PhilHealth benefits coverage.
Only the 80% of the fees or charges that the PWD is expected to
shoulder may be charged to his/her PhilHealth benefits.

e. Rehabilitation and other specialized Services prescribed by
attending physician or by a rehabilitation specialist including the
purchase of assistive devices by PWD shall be given 20% discount.

f. Professional Fees

Professional fees for in-patient and outpatient medical, dental,
and other health care professional services shall be provided with a 20%
discount. The concerned physician or dentist must issue corresponding
official receipt.

4. Guidelines for the twenty percent (20%) discount in the purchase of all medicines for the Exclusive Use of PWD

a. All establishments through their registered pharmacists must
have full discretion and responsibility in dispensing all medicines for
exclusive use of PWD.

b. Discounts shall be granted to PWDs on the purchase of all medicines provided that it is supported by the following:

i. PWD identification card as stated in the Definition of Terms.

ii. Doctors’s prescription stating the name of the PWD, age, sex,
address, date, generic name of the medicine, dosage form, dosage
strength, quantity, signature over printed name of physician,
physician’s address, contact number of physician or dentist,
professional license number, professional tax receipt number and
narcotic license number, if applicable. To safeguard the health of PWDs
and to prevent abuse of RA 9257, a doctor’s prescription is required in
the purchase of over-the-counter medicines.

Only prescriptions that contain the above information shall be honored.

iii. Purchase booklet issued by the local social/health office to PWDs for free containing the following basic information:

a. PWD ID number
b. Booklet control number
c. Name of PWD
d. Sex
e. Address
f. Date of Birth
g. Picture
h. Signature of PWD
i. Information of medicine purchased:

i.1 Name of medicine
i.2 Quantity
i.3 Attending Physician
i.4 License Number
i.5 Servicing drug store name
i.6 Name of dispensing pharmacist

j. Authorization letter of the PWD who is residing in the
Philippines at the time of purchase, currently dated and the
identification card of the authorized person or representative, in case
the medicine is bought by the representative or care giver of the PWD.

c. As a general rule, any single dispensing of medicine must be in
accordance with the prescription issued by a physician and should not
exceed a one (1) month supply.

Drug stores are required to maintain a special record book for PWD subject to inspection by the B FAD and BIR.

d. For partial filling, the establishment’s pharmacists will
indicate the quantity partially filled in the special record book and
the unfilled balance on the prescription. The PWD shall retain the
partially filled prescription and present the same later to complete the
prescribed quantity.

e. Drug stores offering special discounted prices less than 20% of
the regular retail price can deduct the percentage discount of their
promotional campaign from the total of twenty percent (20%) discount as
required by RA 9442. Thus, a total discount of 20% for PWD will still be
observed.

These discount privileges shall be non-transferable and exclusive for the benefits of the PWD.

All establishments as defined above are enjoined to comply with the above-cited guidelines.

For purposes of verification, all hospitals, both government and
private facilities shall require PWDs to present any of the following
requirements:

i. A PWD ID Card issued and signed by the Barangay Captain, Mayor, or NCDA Chairperson

5. Responsibilities of Stakeholders

a. Government Facilities

All government facilities are required to post hospital room rates,
laboratory tests, diagnostic tests fees, medicine prices, and all other
fees and rates in conspicuous places near or at the main entrance to
their respective facility.

The above-described price lists shall be submitted annually to the
National Center for Health Facility Development – DOH and PHIC.

i. All government facilities are also required to post this
Administrative Order in conspicuous places where PWDs can have access to
the information and policies set forth by this document.

ii. Official receipts must be issued to every payment for medical
and dental services, laboratory and diagnostic tests, and medicines
provided. The receipts shall state the usual rates or fees and the
discounted price; and

iii. No “Income Means Test” or any other tests shall be applied
to the PWD as a precondition for the availment of free services as
herein described.

b. Responsibilities of Private Hospitals and Medical Facilities

i. Private hospitals and medical facilities must post the price
of all room rates in the Admitting Section of all private hospitals and
medical facilities. The prices of diagnostics and laboratory tests based
on room and board accommodation, medical supplies and medicines shall
be made available upon request of the PWD. The list shall ensure
validation of the discount granted to PWDs.

ii. Official receipts must be issued to every payment for the
medical and dental services and medicines provided. The twenty percent
discount shall be granted upon full payment of the bill. The billing
statement showing the usual rates or fees and the discounted prices
shall be attached to the official receipt.

iii. Set a grievance mechanism for PWDs to entertain questions with regards to discounts on professional fees.

iv. Inform in writing copy furnished the aggrieved party the
necessary sanction for health professionals who refuse to grant the
proper discount.

c. Responsibilities of the Health Care Professionals

i. Inscribe his/her name and PRC number in the request for diagnostics and laboratory tests, and prescriptions;

ii. Make sure that prescriptions made are for the exclusive use
of the PWD to curb abuse of availing discounts for use of non-PWD
citizen.

iii. Inform the PWD of the usual fees for the services required.

iv. Provide an official receipt for the rendered professional
services to the PWD that states the usual fees and the discounted fees.

d. Responsibilities of Drugstores

i. Drugstores are obliged to make available upon the PWD’s
request, a generic menu card and shall provide an official receipt for
drugs and medicines, which states the usual prices and the discounted
prices of the drug or medicine.

ii. Drugstores are obliged to have a designated special lane for PWDs

e. Rehabilitation Centers shall provide quality care to PWDs and their families and to treat them with compassion and respect.

f. Behavioral testing centers shall provide test that measures
general or specific behavior within educational, vocational, community
or house settings. It shall also provide measurements and
interpretations of behavior in relation to adaptive or social skills and
appropriateness of behavior in relation to adaptive or social skills
and appropriateness or dysfunctions within settings or situations.

g. Hospices and Palliative Care Centers shall provide a holistic
quality care for patients addressing their physical, psycho-social,
emotional, and spiritual pains.

6. Applications of Penalties and other Sanctions

a. Penalties for Persons who violates any provision

Any person who violates any provision of this Guideline shall suffer the following penalties:

i. For the first violation, a fine of not less than fifty
thousand pesos (P50,000.00) but not exceeding one hundred thousand pesos
(P100,000.00) and an imprisonment of not less than six (6) months but
not more than two (2) years; and,

ii. For subsequent violations, a fine of not less than one
hundred thousand pesos (P100,000.00) but not exceeding two hundred
thousand pesos (P200,000.00) and imprisonment of not less than two (2)
years but not more than six (6) years.

iii. Any person who abuses the privileges granted herein shall be
punished with a fine not less than five thousand pesos (P5,000.00) but
not more than fifty thousand pesos (P50,000.00) and imprisonment of not
less than six (6) months.

iv. If the offender is an alien or a foreigner, he/she shall be
deported immediately after the service of sentence without further
deportation proceedings.

b. Penalties for Corporations

i. If the offender is a corporation, organization or any similar
entity, the officials thereof directly involved shall be liable
therefore.

ii. Upon filing of an appropriate complaint, and after due notice
and hearing, the proper authorities may also cause the cancellation or
revocation of the business permit, permit to operate, franchise, and
other similar privileges granted to any business entity that fails to
abide by the provisions of this Act.

7. Funding Sources

a. Initially, the funding shall be sourced out from the Philippine
Charity Sweepstakes Office budget allocation for government hospitals
that are providing free medical services to PWDs. Starting CY 2010, the
National Government Agencies or LGUs shall include in their budget
proposals the funding necessary to implement programs and services
required by this Administrative Order.

b. For Government Owned and Controlled Corporations, total amount
of discounts granted to PWDs shall be charged to the Quantified Free
Service.

c. For Private health facilities, the cost of the discount shall be
funded through the deduction of the discount from gross income for the
same taxable year that the discount is granted, provided that the total
amount of the claimed tax deduction net of value added tax if
applicable, shall be included in their gross sales receipts for tax
purposes and shall be subject to proper documentation and to the
provisions of the National Internal Revenue Code as amended.

VII. REPEALING CLAUSE

Provisions from previous issuances that are inconsistent or contrary
to the provisions of this Order are hereby rescinded and modified
accordingly.

VIII. EFFECTIVITY

This Order shall take effect immediately after publication in two (2) national newspapers of general circulation.

Adopted: 20 May 2009

(SGD.) FRANCISCO T. DUQUE III, MD, MSc
Secretary of Health