ORDINANCE NO: 2022-512 Sponsored by: Committee on Health and Social Services and Committee on Finance and Appropriations "AN ORDINANCE ESTABLISHING AND OPERATING THE PAGADIAN CITY DIALYSIS CLINIC LOCATED AT CITY HEALTH OFFICE BUILDING, CITY HALL COMPLEX, GATAS DISTRICT, PAGADIAN CITY; APPROPRIATING FUNDS THEREFOR AND; FOR OTHER PURPOSES" WHEREAS, Section 15, Article 2 of the 1987 Philippine Constitution provides that, "the State shall protect and promote the right to health of the people and instill health consciousness among them;" WHEREAS, Section 16 of the Local Government Code of 1991 provides that, "every local government unit shall exercise the powers expressly granted, those necessarily implied therefore, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare. Within their respective territorial jurisdictions, local government units shall ensure and support, among other things, the preservation and enrichment of xxx...promote health and safety xxx....;" WHEREAS, it shall be the duty of the government to enact laws that promote "life-preservation" and "health consciousness" to its citizens especially the underprivileged society; WHEREAS, the establishment of a non-hospital based Hemodialysis Clinic in the City of Pagadian, shall succor the needs of the patients under chronic maintenance and lead to the curtailment of the increasing number of mortality rate due to chronic kidney disease; NOW, THEREFORE, Be it ordained by the Sangguniang Panlungsod (13th City Council) of Pagadian City in session assembled that: Section 1. Title. -- This Ordinance shall be known as "An Ordinance Establishing And Operating the Pagadian City Dialysis Clinic Located At City Health Office Building, City Hall Complex, Gatas District, Pagadian City, Appropriating Funds Therefor, And For Other Purposes;" Section 2. Objective. -- The Ordinance aims to establish and operate a non-hospital-based Hemodialysis Clinic in the City of Pagadian to cater to the needs of the patients with chronic maintenance. Section 3. Definition of Terms. -- For the purpose of this Ordinance, the following terms or phrase shall be construed to mean, as follows: HD (Hemodialysis) - a medical procedure whereby patient's blood is delivered by a machine to a dialyzer (blood filter) to remove metabolic wastes and restore fluid and electrolyte balance. NHBC (Non-Hospital-Based Clinic) - a non-hospital-based clinic, operating and performing hemodialysis procedures in accordance with the Department of Health Standards. Patient - a person admitted to and receiving care in an NHBC. Professional Fee - is an amount collected due to medical specialist/ nephrologist contracted by the Local Government of Pagadian to perform medical procedure. Section 4. Composition of Personnel. -- In order to discharge safe, quality, and effective HD procedure, and, in accordance with the mandate of the Department of Health, the creation of the following positions is necessary, to wit: Medical Director Physician On-Duty Nursing Attendant Dialysis Technician Utility Worker Section 5. Duties and Responsibilities. -- The aforementioned positions shall have the following duties and responsibilities: Clinic Positions/ Duties and Functions Medical Director HDC Oversees the overall technical and medical procedures of HD in accordance with the medical standards; Formulates and adopts internal policy for medical procedures and Quality Management Service in accordance with the medical standards of Department of Health; Give reports and assessment to the Local Chief Executive of Pagadian Physician on duty Performs the HD procedure Attends to patient's needs Nursing Attendant Provides direct care to the patients Prepares and checks the materials for the operation Read and follow POD orders and instructions Dialysis Technician Prepares dialyzers and dialysis bath according to formula Prepares, rinses, disinfects dialysis machines prior to treatment Performs reprocessing of used dialyzers Assesses reprocessed dialyzers for acceptability Labels all used dialyzers properly Records dialyzer re-use number in HD flow sheet Stores and reprocessed dialyzers in an orderly manner Conducts preventive maintenance and assures its good and working condition Utility Worker Maintains cleanliness and sanitation of the area Performs other related function as may be necessary in the position Section 6. Dialysis Treatment Reasonable Fee. -- The rate of the treatment shall be based on the following: Actual Rate of Treatment- The patient pays the actual rate of every dialysis treatment in the minimal amount of Two Thousand Five Hundred (Php2,500.00) Pesos, Philippine Currency. If the patient is a PhilHealth Member, the patient shall pay only the remaining balance or excess after deducting the allowable reimbursement on the procedure, or as prescribed by the Local Government of Pagadian; Professional Fee - There shall be a minimum fee for medical specialist/ nephrologist who performed the HD procedure. Professional fee shall be based on the subsequent Memorandum of Agreement/ Contract of Services between the City Government of Pagadian represented by the Local Chief Executive and the Medical Practitioner for the services being rendered; Discounts as Senior Citizen and Persons with Disability - there shall be a Twenty Percent (20%) discount for Senior Citizens and Persons With Disability to be applied to the gross amount of treatment services as well as other corresponding fees; Discounts for Indigent/ Pauper patient - subject to the existing rules on indigency program, indigent patients shall be required to submit proof of indigency in order to avail twenty percent (20%) discount rate; Discounts for City Government Employees - there shall be a Ten Percent (10%) discount for every government employee and they shall be required to submit proof of employment in the City Government. Section 7. Hemodialysis Clinic Funds. -- The funding for the construction, establishment, and operation of hemodialysis clinic in the amount of One Million Pesos (Php1,000,000.00) shall be sourced from the Local Government funds of Pagadian City. Likewise, the collections from the hemodialysis clinic shall be accrued to the income of the City Government of Pagadian through the City Treasurer's Office or duly authorized representative. Section 8. Subsequent Third-Party Agreement in the Procurement and Supply of Additional Dialysis Machines. -- This Ordinance expressly allows the Local Government of Pagadian through the Local Chief Executive to enter into, sign, and/ or execute a contract in the procurement of additional dialysis machines that are necessary and essential for its medical operations from a Third-Person through Third Party Agreement, upon the recommendation of the Medical Director Section 9. Compliance to Environmental Management Policy. -- The HDC shall ensure clean, sanitized, and safe medical procedure, for patients/ staffs and environment, in accordance with the prescribed rules on environmental compliance and to other existing national laws; Section 10. Implementation. -- The Office of the Local Chief Executive and the City Health Office shall be in-charge in the formulation and adoption of policies, implementing rules and regulations, within fifteen (15) days upon the approval of this Ordinance. Section 11. Repealing Clause. -- All existing City Ordinances which are inconsistent with the provisions herewith are hereby repealed and/ or modified accordingly. Section 12. Separability Clause. -- Any provision that may be declared by any competent court to be invalid shall not affect the rest of the provisions not so declared illegal. Section 13. Effectivity Clause. -- This Ordinance shall take effect fifteen (15) days after its publication in a newspaper of general circulation in the City of Pagadian for three (3) consecutive issues. ENACTED AND APPROVED by the Sangguniang Panlungsod (13th City Council) during its 131st Regular Session on 01 June 2022 conducted via Video Conferencing.