Professional Documents
Culture Documents
ORDER
No. 2017 __________
SUBJECT:Implementing Guidelines of Republic Act 10754, otherwise
known as "An Act Expanding the Benefits and Privileges of Persons with
Disability", for the Provision of Medical and Health- related Discounts
and Special Privileges
RATIONALE
In the pursuit of achieving "All for Health towards Health for All", the Philippine Health
Agenda (PHA) defines the blueprint of the government's strategies to have an inclusive
and responsive health care for all Filipinos. The PHA guarantees the provision of health
services to all Filipinos especially the poor, marginalized, and vulnerable such as the
persons with disabilities (PWDs). In response, the Department of Health (DOH) ensures
that relevant policies and plans for the Health and Wellness Program for PWDs are
crafted and implemented in accordance with the PHA and current governing laws.
The Republic Act (RA) 10754, otherwise known as "An Act Expanding the Benefits and
Privileges of Persons with Disability", was enacted into law on March 23, 2016 and its
corresponding Implementing Rules and Regulations (IRR) was signed on December 1,
2016. This law expands the benefits and privileges of PWDs by amending Republic Act
7277, otherwise known as the "Magna Carta for Disabled Persons". In particular, Section
1 of RA 10754 amends Section 32 of RA 7277 entitling the PWDs to at least twenty
percent (20%) discount and exemption from the value-added tax (VAT) on the purchase
of certain goods and services from all establishments for the exclusive use, enjoyment,
or availment of the PWD.
As mandated in Rule IV, Secs. 6.4 and 6.5 of the IRR of RA 10754, the
DOH, in coordination with Philippine Health Insurance Corporation
(PhilHealth) and Food and Drug Administration (FDA), shall issue the
corresponding guidelines, circulars or directives related to the purchase
of health and medical goods and availment of services from
medicalestablishments.
In this regard, the DOH is hereby repealing DOH Administrative Order
(AO) 2009-0011 to include the additional benefits and privileges stated
in the RA 10754 and its IRR.
OBJECTIVES
To prescribe the procedure and guidelines for the implementation of at
least 20% discount and VAT exemption in all health related services for
PWDs.
10.MEDICAL SERVICES — shall refer to the hospital room accommodation, hospital services, medical
supplies, professional services of 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. Further, it refers to health services which include but not limited to
prevention of disability through immunization, nutrition, environmental protection and preservation;
genetic counseling; early detection of disability; and timely intervention, medical or surgical, to arrest
the disabling condition. Intervention includes rehabilitation and provision of assistive devices.
12.MEDICALLY NECESSARY —services required to preserve and maintain
the health status of a person in accordance with accepted standards of
the medical practice in the medical community. This includes services
which are absolutely necessary in treating a patient and which could
adversely affect the patient's condition if it were omitted.
13.MEDICINE/ DRUG —any chemical compound or biological substance,
other than food, intended for use in the treatment, prevention or
diagnosis of disease in humans or animals, including but not limited to:
a. Any article recognized in the official United States Pharmacopoeia —
National Formulary (USP-NF), official Homeopathic Pharmacopoeia of the
United States;. Philippine Pharmacopoeia, Philippine National Formulary
(PNF), British Pharmacopoeia, European Pharmacopoeia, Japanese
Pharmacopoeia, Indian Pharmacopoeia, any national compendium or any
supplement to any of them;
b.Any article intended for use in the diagnosis, cure, mitigation, treatment or prevention
of disease in humans or animals. Any article other than food intended to affect the
structure or any function of the human body or animals;
d.Any article intended for use as a component of any of the articles specified in clauses
(a), (b) and (c) not including devices or their components, parts or accessories;
f.Herbal and/or traditional drugs which are articles of plant or animal origin used in folk
medicine which are: 1) recognized in the PNF; 2) intended for use in the treatment or
cure or mitigation of disease symptoms, injury or body effects in humans; 3) other than
food, intended to affect the structure or any function of the human body; 4) in finished
or ready-to-use dosage form; and 5) intended for use as a component of any of the
articles specified in items Ito 4. For herbs to be classified under this definition, levels and
amounts as well as registration status are required when indicated for therapeutic use;
and
g.This may also include vitamins and minerals provided that these are in accordance
with the FDA's prevailing cut-off on vitamins and minerals classified as drug/medicine
i.e. product containing more than 150% of water- soluble vitamins and more than 102%
of fat soluble vitamins.
V.GENERAL GUIDELINES
1. In all service wards of government facilities, all PWDs are entitled to at least
twenty percent (20%) discount and VAT exemption 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 (CPGs) 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 section of the
government health facilities and in all private hospitals and medical facilities are
granted at least twenty percent (20%) discount and VAT exemption for medical,
dental, and rehabilitation services, diagnostic and laboratory fees, psychological
or developmental tests, as well as professional fees of attending doctors provided
that these are in accordance with the available CPUs or hospital treatment
protocols. For outpatient, the same rule shall be followed
3.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 be limited, to cosmetic
surgical procedures, executive check—up packages, and physical
examinations, without clinical evidence of effectiveness and efficiency.
This Order repeals DOH Administrative Order (AO) 2009-0011. All other
issuances that are inconsistent herewith are hereby revised or
modified.
If any portion or provision of this Order is declared void or
unconstitutional, the remaining portions or provisions thereof shall not
be affected by such declaration.
VII. EFFECTIVITY
This Order shall take effect immediately after its publication in two (2)
newspapers of general circulation.