Special Privileges for Pregnant Women Act

Senate Office of the Seciciary TWENTIETH CONGRESS REPUBLIC OF THE PHILIPPINES First Regular Session 25 OCT -7 A10:44 SENATE SENATE BILL No. 1443 RECEIVED BY: INTRODUCED BY SENATOR VICENTE C. SOTTO III AN ACT INSTITUTIONALIZING THE SPECIAL PRIVILEGES TO ALL WOMEN DURING THE PERIOD OF PREGNANCY EXPLANATORY NOTE The equal protection of the rights of the mother and the unborn from conception has always been the policy of the State. The steady decline of the fertility rate in the country hints that there may be a gap in the implementation of this state policy. Further, studies show that among the reasons why Filipinos are reluctant to have children is the financial burden of pregnancy and childbearing. While there may be some mechanisms available to Filipinas through the Philippine Health Insurance Corporation (PhilHealth), the limited amount of the benefits and applicability to the medical demands of pregnancy also serves as a reason why Filipinas choose not to have children. Further, health cards and insurances do not often offer maternity benefits as part of their packages leaving pregnant women to pay full-price. Also, working women whose condition requires bedrest often have to exhaust their sick leaves in order to protect her life and that of her unborn, leaving her with none to use should she have any illness after pregnancy. Thus, proposed bill helps to alleviate the financial burdens of pregnancy by institutionalizing a 20% discount on all medical services and medicines and supplement relating to pregnancy for all pregnant women during the period of pregnancy, during delivery, and within sixty (60) days from delivery. Also, this bill aims to grant pregnant women with a 10-day special medical leave which they can use during the period of their pregnancy. Through this measure, the State reaffirms its commitment to protect women and promote and uphold life by taking an active part in nurturing it even from the womb.

In view thereof, immediate approval of this bill is requested. VICENT L. .. SOTTO II

Senate Difice of the Secretary TWENTIETH CONGRESS OF THE } REPUBLIC OF THE PHILIPPINES First Regular Session 25 OCT -7 A10:44 SENAI{43 S.B. No. _ RECEIVED BY: INTRODUCED BY SENATOR VICENTE C. SOTTO III AN ACT INSTITUTIONALIZING SPECIAL PRIVILEGES TO ALL WOMEN DURING THE PERIOD OF PREGNANCY Be enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. This Act shall be known as the "Special Privileges for

2 Pregnant Women Act."

Section 2. Declaration of Policy. Enshrined in the Constitution is the policy

that the State shall equally protect the rights of the mother and the unborn from conception. As pregnancy entails emotional, mental, and financial toll on the parents, especially on the mother, it shall be the policy of the State to help alleviate the financial burden pregnancy carries. Towards this end of ensuring that assistance is given to expecting mothers during the period of pregnancy, the State shall establish a special privilege system for pregnant women availing of special medical leave and medical services as well as medicines and supplements in relation to their pregnancy.

Section 3. Definition of Terms. For the purposes of this Act, the term:

a. Pregnant Woman refers to a woman expecting to deliver a child or children, which condition shall continue until she has delivered such child or children or has suffered a miscarriage. b. Medical Services Related to Pregnancy refers to hospital services, professional services of physicians and other health care professionals and diagnostics and laboratory tests that directly affects the health of the pregnant woman and the developing child in the womb and those indirectly affects the health of the pregnant woman but is nonetheless certified by a Licensed Obstetrician - Gynecologist as relating to the pregnancy.

c. Licensed Obstetrician - Gynecologist refers to a physician duly registered under the Professional Regulation Commission and accredited by the proper medical accreditation board who possess special knowledge, skills and professional capability in the medical and surgical care of women related to pregnancy and disorders of the female reproductive system. d. Pre-natal medicines and supplements - refers to medicines and supplements prescribed to pregnant women by licensed obstetrician - gynecologist to be taken during the whole or a portion of the period of pregnancy.

Section 4. Coverage. This Act covers all medical services and medicines and

supplement relating to pregnancy for all pregnant women during the period of pregnancy, during delivery, and within sixty (60) days from delivery.

Section 5. Maternity Discount Privilege. A pregnant woman shall be

entitled to a twenty (20%) discount on all medical services related to pregnancy, subject to the following conditions: a. The discount shall be applied upon presentation of a valid certification by a Licensed Obstetrician - Gynecologist of the fact of pregnancy of the pregnant woman; b. To avail medical services related to pregnancy, a valid prescription by a Licensed Obstetrician - Gynecologist shall be presented together with the certification of pregnancy; c. For services which are indirectly related to pregnancy, the valid prescription shall indicate the likely effect of the procedure to the pregnancy; d. To avail medicines and supplements, a valid prescription by a Licensed Obstetrician - Gynecologist shall be presented together with the certification of pregnancy; e. The discount shall only be available to the pregnant woman during the duration of the pregnancy, during delivery, and within 60 days from the date of delivery; f. The discount shall be applicable to the total amount net of Philhealth benefits, in case the latter is applicable.

g. The discount shall not be transferrable. The twenty (20%) discount herein provided shall not be a reason for the increase in the rates of the medical services, especially those directly related to pregnancy.

Section 6. Prohibition on Double Discounts. Pregnant women cannot avail

of multiple discounts as the same time, apart from the benefits from Philhealth. If a promotional discount from a hospital or healthcare provider is higher than 20%, the pregnant woman may choose which to apply.

Section 7. Tax Deduction. Hospitals, healthcare providers, and medical

professionals may claim tax deductions equivalent to the cost of discount granted, subject to the rules which may be promulgated by the Bureau of Internal Revenue.

Section 8. Monitoring and Implementation. The following agencies shall

monitor the implementation of this Act: a. Department of Health (DOH) and the Philippine Commission on Women (PCW) - for hospitals, diagnostic centers, and healthcare providers. b. Department of Trade and Industry (DTI) - for pharmacies within and without hospitals. c. Professional Regulations Commission (PRC) - for medical professionals. All institutions herein mentioned shall submit a quarterly report within thirty (30) days from the end of each quarter on their compliance with their respective monitoring agencies.

Section 9. Special Medical Leave. A pregnant woman, whether employed

from private or public sector, shall be entitled to a 10-day paid special medical leave during the duration of the pregnancy prior to giving birth, regardless of the employment status and duration. In order to avail this leave, a certification by a licensed obstetrician- gynecologist that the pregnant woman requires bedrest must be presented. The special medical leave may be availed for 10 consecutive or accumulated days.

Section 10. Penalties. - The following penalties shall be imposed for violation

of this Act: A. Any hospital, diagnostic center, healthcare provider, pharmacy, or medical professional who shall refuse to grant the discount provided under this Act shall be fined:

1. Seventy-Five Thousand Pesos (Php75,000.00) for the first offense. 2. One Hundred Fifty Thousand Pesos (Php 150,000.00) for the second offense. 3. Three Hundred Thousand Pesos (Php300,000.00) for the third and subsequent offense. B. Any hospital, diagnostic center, healthcare provider, pharmacy who shall maliciously increase the rates of maternity-related services in order to recompensate the discount privilege shall be fined: 1. Seventy-Five Thousand Pesos (Php75,000.00) for the first offense. 2. One Hundred Fifty Thousand Pesos (Php 150,000.00) for the second offense. 3. Three Hundred Thousand Pesos (Php300,000.00) for the third and subsequent offense. C. Any person who shall use of false certificate or prescription for the availment of the privilege under this Act shall be disqualified from such privilege, without prejudice to the filing of the appropriate criminal charges for such Act. D. Any medical professional who shall issue false certificate or prescription, without prejudice to the filing of the appropriate criminal charges for such Act, shall be fined: 1. Twenty-Five Thousand Pesos (Php25,000.00) for the first offense. 2. Fifty Thousand Pesos (Php50,000.00) for the second offense. 3. One Hundred Thousand Pesos (Php100,000.00) for the third and subsequent offense. E. Any employer who shall refuse to grant special medical leave, without prejudice to the filing of other appropriate for such Act, shall be fined: 4. Twenty-Five Thousand Pesos (Php25,000.00) for the first offense. 5. Fifty Thousand Pesos (Php50,000.00) for the second offense. 6. One Hundred Thousand Pesos (Php100,000.00) for the third and subsequent offense.

Section 11. Implementing Rules and Regulations. Within ninety (90) days

from the effectivity of this Act, the DOH, CSC, DOLE, DTI, PCW, BIR, and PRC shall promulgate the rules and regulations to effectively implement the provisions of this Act.

Section 12. Separability Clause. If any provision of this Act is declared

2 unconstitutional, the remainder of this Act shall remain in full force and effect. 3 Section 13. Repealing Clause. All laws, decrees, orders, rules, and regulations, or parts thereof inconsistent with this Act are hereby repealed, 5 amended, or modified accordingly.

Section 14. Effectivity. This Act shall take effect immediately after its

publication in the Official Gazette or in two (2) newspapers of general 8 circulation. 10 Approved,