Directing the DOH, in Coordination with the DTI, to Ensure Accessibility and Affordability of COVID-19 Tests and Test Kits

November 4, 2020

EXECUTIVE ORDER NO. 118

DIRECTING THE DEPARTMENT OF HEALTH, IN COORDINATION WITH THE DEPARTMENT OF TRADE AND INDUSTRY, TO ENSURE ACCESSIBILITY AND AFFORDABILITY OF COVID-19 TESTS AND TEST KITS

WHEREAS, Article II, Section 15 of the Constitution declares it a policy of the State to protect and promote the right to health of the people;

WHEREAS, Article XIII, Section 11 of the Constitution provides that the State shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all people at affordable cost;

WHEREAS, Proclamation Nos. 922 (s. 2020) and 1021 (s. 2020) declared a state of public health emergency and an extension of the state of calamity, respectively, throughout the country due to the COVID-19 pandemic;

WHEREAS, Section 3 of Republic Act (RA) No. 11494 or the "Bayanihan to Recover as One Act," declares it a policy of the State to sustain efforts to test, trace and treat COVID-19 cases to mitigate the transmission of the disease and prevent further loss of lives, and to reduce the adverse impact of COVID-19 on the socioeconomic well-being of all Filipinos through the provision of socioeconomic relief;

WHEREAS, Section 4 (c) (1) of RA No. 11494 provides that the Inter-Agency Task Force for the Management of Emerging Infectious Diseases, in full cooperation with the Department of Health (DOH) and other concerned government agencies, shall ensure adequate number of COVID-19 testing centers that provide available, affordable and accessible testing;

WHEREAS, Section 4 (r) of RA No. 11494 grants the President temporary authority to enforce measures to protect the people from hoarding, profiteering, injurious speculations, manipulation of prices in restraint of trade or other pernicious practices affecting the supply, distribution and movement of medicine and medical supplies, whether imported or locally produced or manufactured;

WHEREAS, Section 7 of RA No. 7581 or the "Price Act," as amended, provides that the President, upon the recommendation of an implementing agency, or the Price Coordinating Council, may impose a price ceiling on any basic necessity or prime commodity during the existence or effects of a calamity or emergency;

WHEREAS, it is a priority of the State to ensure that the general public, especially those from low and middle income households, have an equitable access to quality and affordable health care services such as COVID-19 tests; and

WHEREAS, pursuant to its mandate to regulate the operation of and issue licenses and permits to government and private hospitals, clinics and dispensaries, laboratories and establishments, the DOH accredits hospitals, laboratories and health facilities that administer COVID-19 testing, and has issued guidelines and protocols in relation thereto;

NOW, THEREFORE, I, RODRIGO ROA DUTERTE, President of the Philippines, by virtue of the powers vested in me by the Constitution and existing laws, do hereby order:

SECTION 1. Price Range for COVID-19 Tests and Test Kits. — The DOH, in coordination with the Department of Trade and Industry (DTI), is hereby directed to determine, formulate and implement a price range for COVID-19 testing conducted by hospitals, laboratories and other health establishments and facilities, including the test kits used in the conduct of said tests, subject to existing laws, rules and regulations.

The DOH and the DTI shall ensure that the price range for COVID-19 testing and test kits is just, equitable and sensitive to all stakeholders.

SECTION 2. Additional Requirements for Licensing and Accreditation. — Compliance with the abovementioned price range shall form part of the standards and requirements for the licensing and accreditation of hospitals, laboratories and other health establishments and facilities as COVID-19 testing centers.

The DOH shall release the appropriate issuances directing all hospitals, laboratories and other health establishments and facilities with existing accreditation to operate a COVID-19 diagnostic laboratory, to observe the aforesaid price range. Failure to comply therewith may be considered as a ground for the revocation of existing licenses or accreditation.

SECTION 3. Transparency Measures. — The DOH shall institute measures to ensure that all accredited COVID-19 laboratories observe transparency in the pricing of tests, and ensure that the public is fully informed of the component costs of medical services and procedures relating to COVID-19.

SECTION 4. Review and Monitoring. — The DOH and DTI shall undertake continuous monitoring and review of the prices and market supply of COVID-19 test kits and other basic medical items and supplies, and issue such price control measures and adjustments as may be necessary, pursuant to RA No. 7581, as amended.

SECTION 5. Implementing Guidelines. — The DOH, in coordination with the DTI, shall formulate and issue the necessary guidelines for the effective implementation of this Order.

SECTION 6. Separability. — If any part or provision of this Order shall be held unconstitutional or invalid, other parts not affected thereby shall continue to be in full force and effect.

SECTION 7. Effectivity. — This Order shall take effect immediately upon publication in the Official Gazette or in a newspaper of general circulation.

DONE in the City of Manila, this 4th day of November, in the year of Our Lord, Two Thousand and Twenty.

Published in the Official Gazette, Vol. 116, No. 46, p. 7376 on November 16, 2020.