Seventeenth Congress Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand eighteen.
REPUBLIC ACT No. 11215
An Act Institutionalizing a National Integrated Cancer Control Program and Appropriating Funds Therefor
Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:
ARTICLE I INTRODUCTORY PROVISIONS
Section 1. Short Title
This Act shall be known as the"National Integrated Cancer Control Act".
Section 2. Declaration of Policy
Recognizing that cancer is one of the leading causes of death in the Philippines, the State shall adopt an integrated and comprehensive approach to health development which includes the strengthening of integrative, multidisciplinary, patient and family centered cancer control policies, programs, systems, interventions and services at all levels of the existing health care delivery system.
Towards this end, the State shall endeavor to prevent cancer and improve cancer survivorship by scaling up essential programs and increasing investments for robust prevention of cancer, better screening, prompt and accurate diagnosis, timely and optimal treatment, responsive palliative care and pain management, effective survivorship care and late effects management and rehabilitation. It shall likewise make cancer treatment and care more equitable and affordable for all, especially for the underprivileged, poor and marginalized Filipinos.
Section 3. Definition of Terms
As used in this Act:
Section 4. National Integrated Cancer Control Program
There is hereby established a National Integrated Cancer Control Program which shall serve as the framework for all cancer-related activities of the government. The program shall have the following objectives:
Section 5. National Integrated Cancer Control Council
There is hereby created a National Integrated Cancer Control Council, hereinafter referred to as the Council, which shall act as the policy making, planning and coordinating body on cancer control, attached to the Department of Health (DOH). The Council shall provide technical guidance and support and oversee the implementation of this Act, ensuring judicious and best use of available resources for the benefit of all, especially the most vulnerable sectors of society, the elderly, women and children, the poor, marginalized and disadvantaged.
Section 6. Composition of the Council
The Council shall be composed of the following:
The non ex officio members may receive honoraria in accordance with existing laws, rules and regulations.
Section 7. Roles and Functions
The Council shall formulate policies, programs and reforms that enhance the synergy among stakeholders and ensure a well-coordinated, effective and sustainable implementation of the provisions of this Act. It shall, as necessary, create experts groups or technical working groups to undertake any of the following key tasks:
Section 8. Personnel Complement
To ensure the effective implementation of this Act, the personnel complement for the Cancer Program in the Disease Prevention and Control Bureau of the DOH shall be increased.
A Division Chief for Cancer Control Program shall be designated to provide operational leadership, undertake coordination with program stakeholders and ensure effective and sustainable implementation of the National Integrated Cancer Control Program. The Secretary of Health shall, in coordination with the Secretary of Budget and Management (DBM), create the additional plantilla positions for health personnel required in the program.
ARTICLE III QUALITY HEALTH CARE SYSTEMS
Section 9. Cancer Care Infrastructure
The DOH, local government units (LGUs), and other government agencies concerned shall strengthen the capability of public health systems and facilities, provision of services and continuum of care, through the following key activities:
Section 10. Philippine Cancer Center
There shall be established a Philippine Cancer Center under the control and supervision of the DOH, to be headed by an Executive Director.
Other comprehensive specialty cancer centers shall be designated in high population and high risk areas outside Metro Manila.
The Center shall have the following purposes and objectives:
Section 11. Cancer Care Centers
The Secretary of Health, in coordination with the Council, shall develop standards to classify, accredit and designate comprehensive cancer care centers, specialty cancer centers, stand-alone specialty cancer centers, regional cancer centers and cancer satellites or standalone clinics.
In accordance with Section 33 of this Act, the DOH, in the implementing rules and regulations of this Act, shall provide for the minimum required diagnostic, therapeutic, research capacities and facilities, technical, operational and personnel standards of these centers, as well as the appropriate licensing and accreditation requirements, and procedure for licensing in a timely manner. The use of Public Private Partnership shall be allowed on the procurement of cancer care infrastructure and delivery of services to improve access to and services to hasten delivery of essential oncological services and promote efficiency in fiscal utilization for cancer programs and projects. Private institutions may also be accredited as comprehensive cancer care centers, specialty cancer centers, stand-alone specialty cancer centers, regional cancer centers and cancer satellites or stand-alone clinics, provided they comply with the requirements for such accreditation.
Section 12. Regional Cancer Center
The objectives and functions of a regional cancer center are as follows:
Section 13. Capacity Development
The DOH, in collaboration with cancer focused professional societies, LGUs leagues, and LGU-based health associations, academic institutions, human resources units of cancer care centers, civil society organizations, and the private sector, shall formulate, implement and update capacity development program for all health care workers providing cancer care service and support at all levels of the health care delivery system.
Section 14. Oncology-Related Academic Curriculum
The Commission on Higher Education (CHED), in collaboration with the DOH, higher education institutions (HEIs), cancer focused professional societies, accrediting institutions and patient support organizations, shall undertake an assessment of current oncology-related academic curriculum and ensure that the curriculum meets local needs and global practice standards. The CHED shall encourage HEIs to offer degree programs for high priority oncology-related specializations and continuing education programs related to oncological treatment and care.
The DOH, in collaboration with academic institutions, shall provide subsidies and scholarships for training of oncology professionals, such as medical oncologists, radiation oncologists, surgical oncologists, specialized radiation technologists, medical physicists, oncology nurses, and other specialized oncology professionals.
ARTICLE IV CANCER AWARENESS
Section 15. Cancer Awareness Campaign
The DOH shall intensify its cancer awareness campaign and provide the latest and evidence-based information for the prevention and treatment of cancer including practical advice, support and referral for cancer patients, people living with cancer, cancer survivors, their families and carers. The DOH, in collaboration with the Department of Information and Communications Technology, shall make full use of the latest technology to disseminate information to reach every Filipino.
The awareness campaign must increase cancer literacy and understanding of risk factors associated with cancer, dispel myths and misconceptions about cancer, and reduce the anxiety, fear, distress and uncertainty related to cancer.
Section 16. National Cancer Awareness Month
The month of February of every year shall be known as the "National Cancer Awareness Month" throughout the Philippines. The DOH, in collaboration with LGUs, cancer focused professional societies, academic institutions, shall lead the observance of National Cancer Awareness Month.
Section 17. Health Education and Promotion in Schools, Colleges, and Universities
The CHED and the Department of Education, in coordination with the DOH, shall develop policies and provide technical guidance to academic institutions and administrators to:
Section 18. Health Education and Promotion in the Workplace
The Department of Labor and Employment (DOLE), Civil Service Commission, and Technical Education and Skills Development Authority, in coordination with the DOH, shall develop policies and provide technical guidance to employers, employees associations, and unions to:
Section 19. Health Education and Promotion in Communities
The Department of the Interior and Local Government (DILG) and LGUs, in collaboration with the DOH central and regional offices, local cancer focused patient support organizations and cancer focused professional societies, shall lead the health education and promotion campaign in local communities, including out-of-school youth. The DILG, in coordination with the Department of Social Welfare and Development (DSWD), shall conduct and promote age appropriate and gender sensitive cancer-focused health education.
ARTICLE V AFFORDABLE CANCER CARE AND TREATMENT
Section 20. Establishment of Cancer Assistance Fund
There is hereby established a Cancer Assistance Fund to support the cancer medicine and treatment assistance program. The DOH shall manage the Fund in accordance with existing budgeting, accounting and auditing rules and regulations and shall make a quarterly report to the Office of the President and Congress on the disbursement of the Fund.
The DOH may sohcit and receive donations which shall form part of the Fund and such donations shall be exempt from income or donors tax and all other taxes, fees and charges imposed by the government. Likewise, fund raising activities may be conducted by the Council and the proceeds of which shall accrue to the Fund and shall be exempt from any and all taxes.
Receipts from donations, whether in cash or in kind, shall be accounted for in the books of the donee government agency in accordance with accounting and auditing rules and regulations. The receipts from cash donations and proceeds from sale of donated commodities shall be deposited with the National Treasury and recorded as a special account in the General Fund and shall be available to the implementing agency concerned through a special budget pursuant to Section 35, Chapter 5, Book VI of Executive Order No. 292. The cash value of the donations shall be deemed automatically appropriated for the purpose specified by the donor. Donations with a term not exceeding one (1) year shall be treated as trust receipts.
The donee-agency concerned shall submit the quarterly reports of all donations received, whether in cash or in kind, and expenditures or disbursements thereon with electronic signature to the DBM, through the Unified Reporting System, and to the Speaker of the House of Representatives, the President of the Senate of the Philippines, the House Committee on Appropriations, the Senate Committee on Finance and the Commission on Audit, by posting such reports on the donee-agency concerned websites for a period of three (3) years. The head of the donee-agency concerned shall send written notice to the said offices when said reports have been posted on its website which shall be considered the date of submission.
Section 21. PhilHealth Benefits for Cancer
The Philippine Health Insurance Corporation shall expand its benefit packages to include primary care screening, detection, diagnosis, treatment assistance, supportive care, survivorship follow-up care rehabilitation, and end-of-life care, for all types and stages of cancer, in both adults and children. It shall also develop innovative benefits such as support for community-based models of care to improve cancer treatment journey and reduce costs of care, including stand-alone chemotherapy infusion centers, ambulatory care, community- or home-based palliative care and pain management and community-based hospice facility. The development or expansion of any PhilHealth benefit shall go through a proper, transparent and standardized prioritization setting process, such as the Health Technology Assessment and actuarial feasibility study, to avoid inequitable allocation of funds for health care services.
The Cancer Assistance Fund and PhilHealth benefits shall be made available in public and private DOH-licensed cancer centers. DOH and PhilHealth shall prescribe, in consultation with stakeholders, the coverage rates and applicable rules on options to charge co-payment for services rendered. Processes to avail of such funding shall be streamlined to ensure timely provision of cancer care.
Section 22. Social Protection Mechanisms
The DOH, in collaboration with the Social Security System (SSS), Government Service Insurance System (GSIS), Philippine Charity Sweepstakes Office, DOLE, DSWD, PhilHealth and LGUs, shall develop appropriate and easily accessible social protection mechanisms for cancer patients, people living with cancer, cancer survivors, their families and carers. It shall aim to encourage the underprivileged and marginalized people living with cancer to undergo the necessary treatment and care.
A Cancer Control Policy shall be established in every workplace. It shall form part of employee benefits in the formal sector covering the entire cancer continuum, from prevention, including genetic counselling and testing, to screening, diagnosis and palliative care, treatment, rehabilitation, survivorship or hospice care.
The Insurance Commission shall mandate the Health Maintenance Organizations (HMOs) to cover genetic counselling and testing, cancer screening, diagnostics and palliative care as well as certain therapeutics of all member employees.
The cancer-related absences from work of member employees as well as voluntary members shall be covered and compensated by the Sickness Benefits of the SSS and Disability Benefits of the GSIS.
The employees in the informal sector shall be prioritized in the cancer control packages of PhilHealth while the employees in the formal sector shall be offered cost-sharing PhilHealth benefit packages.
ARTICLE VI ESSENTIAL MEDICINES
Section 23. Cancer and Related Supportive Care Medicines
The DOH, and other concerned government agencies shall implement reforms supporting early access to essential medicines, innovative medicines and health technologies, to ensure highest possible chance of survival among people with cancer. The reforms include facilitating quick access to drugs for compassionate use and developing a more responsive system for effectively addressing emergency cases.
The FDA shall create a dedicated and streamlined process, not exceeding one (1) year, for the licensing of innovator and generic cancer medication, subject to appropriate quality checks and compliance with minimum standards, such as, but not limited to, being approved and used for cancer treatment in other countries.
Section 24. Palliative Care and Pain Management Medicines
The DOH shall ensure sufficient supply of medicines for palliative care and pain management that are available at affordable prices. Further, the DOH shall formulate a monitoring system to check that pain medications are safe and administered in correct dosages.
ARTICLE VII SUPPORTIVE ENVIRONMENT FOR PERSONS WITH CANCER AND CANCER SURVIVORS
Section 25. Persons with Disabilities
Cancer patients, persons living with cancer and cancer survivors are considered as persons with disabilities (PWDs) in accordance with Republic Act No. 7277, as amended, otherwise known as the "Magna Carta for Disabled Persons".
Section 26. Rights and Privileges
The cancer patients, persons living with cancer and cancer survivors are accorded the same rights and privileges as PWDs and the DSWD shall ensure that their social welfare and benefits provided under Republic Act No. 7277, as amended, are granted to them. Further, the DOLE shall adopt programs which promote work and employment opportunities for able persons with cancer and cancer survivors.
Section 27. Nondiscrimination
The appropriate government agencies shall ensure that people living with cancer and cancer survivors are free from any form of discrimination in school, workplace and community.
ARTICLE VIII CANCER REGISTRY AND MONITORING SYSTEM
Section 28. National Cancer Registry and Monitoring System
The DOH, in collaboration with the Council and other stakeholders, shall establish a national cancer registry and monitoring system. The registry must cover all forms of cancer among adults and children and serve as guide in the policy development of the Council. The national cancer registry shall be a population-based cancer registry seeking to collect data on all new cases of cancer by geographical region to provide framework for assessing and controlling the impact of cancer on the community. Cancer registries shall form part of the Electronic Medical Records requirement of the DOH, and that it shall be in accordance with the National Health Data Standards and Republic Act No. 10173, otherwise known as the "Data Privacy Act of 2012".
Section 29. Hospital-Based Cancer Registry
Every hospital, including clinics, shall have its own cancer registry. The registry must record the personal identification of cancer patients, cancer type, treatment received and its results and other data that the DOH may prescribe. The regional offices of the DOH shall ensure that all hospitals within their respective jurisdiction have cancer registry. The information shall be treated with utmost confidentiality and shall not be released to third parties, in accordance with Republic Act No. 10173 or the "Data Privacy Act of 2012". Submission of the cancer registry data to the DOH shall be a" requirement for the renewal of a license to operate of a hospital.
Section 30. Recording and Reporting of Cancer Cases
Adult and childhood cancer are considered as a notifiable disease in all levels of the health care system. Any hospital or clinic which diagnosed a patient with cancer shall report the same to the DOH. The DOH shall provide the form and manner of reporting of cancer cases.
ARTICLE IX FINAL PROVISIONS
Section 31. Annual Report
The Secretary of Health shall submit to the Committees on Health of the Senate and the House of Representatives an annual report on the progress of the implementation of this Act.
Section 32. Appropriations
The amount needed for the initial implementation of this Act, including maintenance and other operating expenses of the National Integrated Cancer Control Program shall be charged against the current years appropriations of the DOH.
For the succeeding years, the amount allocated for the National Integrated Cancer Control Program in the DOH budget shall be based on strategic plan formulated by the Council, in coordination with other stakeholders. The amount should be in the National Expenditure Program (NEP) as basis for the General Appropriations Act.
Section 33. Implementing Rules and Regulations
Within ninety (90) days from the approval of this Act, the Secretary of Health, in consultation with the Philippine Society of Medical Oncologist, Philippine Society of Oncology, Cancer Coalition Philippines and other concerned stakeholders, shall promulgate the necessary rules and regulations for the effective implementation of this Act.
Section 34. Separability Clause
If any provision of this Act is declared unconstitutional, the remainder of this Act or any provision not affected thereby shall remain in full force and effect.
Section 35. Repealing Clause
All laws, presidential decrees or issuances, executive orders, letters of instruction, administrative orders, rules or regulations inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
Section 36. Effectivity
This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.
Approved,
GLORIA MACAPAGAL-ARROYO Speaker of the House of Representatives
VICENTE C. SOTTO III President of the Senate
This Act which is a consolidation of Senate Bill No. 1850 and House Bill No. 8636 was passed by the Senate and the House of Representatives on December 13, 2018 and December 12, 2018, Respectively.
DANTE ROBERTO P. MALING
Acting Secretary General House of Representatives
MYRA MARIE D. VILLARICA
Secretary of the Senate
Approved: February 14, 2019
RODRIGO ROA DUTERTE
President of the Philippines
For information and research only, and not legal advice. This text may not reflect later amendments. For certified copies, refer to the Official Gazette or the issuing agency.