Showing posts with label AGAP. Show all posts
Showing posts with label AGAP. Show all posts

Monday, September 24, 2012

Free Trade 27: Proposed EU-PH FTA and TRIPS Plus

Free trade and intellectual property rights (IPR), these are among my favorite topics to discuss and debate. Here are my latest papers on these subjects,

Free Trade 26: "Buy Local" and Protectionism, June 24, 2012
On IPR Abolition 17: Copyright by a Government Corporation, September 02, 2012
IPR and Medicines 24: Balancing Costly Innovation and Cheaper Drugs, March 20, 2012

The Department of Trade and Industry (DTI) called for a public consultation on “One Country One Voice” (OVOC) regarding the proposed EU-Philippines Free Trade Agreement (FTA) on September 20, 2012. I read about the invitation last September 13 and quickly confirmed my attendance.

Fearing that such proposed FTA might contradict certain provisions of the Cheaper Medicines Law of 2008 or RA 9502, a joint statement was released by MeTA Philippines, Coalition for Health Advocacy and Transparency (CHAT), Ayos na Gamot sa Abot-kayang Presyo (AGAP) and the Fair Trade Alliance (FTA). Below are screen shots of portions of the eight-pages position paper. I checked the websites/blog of AGAP, FTA and MeTA, it’s not posted there.


Below are the exchanges we have the past few days. Copy-pasting them with no alteration, so pardon our French and whatever typo errors, just showing the raw exchanges. I am adding some photos of the event that day.

A bit long, about 17 pages including images/photos, so grab your favorite snacky and enjoy the ride.
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September 20-21, 2012:

Hi Pau,

I am sorry that I did not read the attached paper on the joint position of Meta-CHAT-FTA on this issue. I saw this during the MeTA meeting yesterday as Gov Obet presented this. I spoke and commented that the conclusions seem to be an over-reaction to the IPR issue on medicines. Why?

I am not a lawyer but my understanding is that a national legislation like RA 9502 which deals with amending the IP Code on medicines has supremacy over whatever treaty that the Senate and the Executive branch may enter into any country or block of countries. In this case, should it be true that the proposed EU-PH FTA will have provisions extending  patents of drugs, I don't think it will have supremacy over RA 9502 and hence, can not be implemented.

My feeling is that whatever TRIPS Plus provisions will apply to other sectors -- patents on softwares and cell phone applications, see the fight between Samsung and Apple for instance; copyrights on music and movies, see the rampant counterfeiting of DVDs, albums, etc.; or trademark infringement on the brand and logo of huge companies. I read in some newspapers how some individuals caught stealing and using the trademark of other companies so they can sell their copycats at high price. Even Kumon, the tutorial school, its logo and trademark is being stolen by some entities and they too teach "kumon education" and charge the same rate but pay zero royalties to the original brand, and their style may just be a bogus and inferior.

I still have to see the actual document, even in its draft form, of the proposed PH-EU FTA pertaining to medicines. As Daisy Cembrano of GSK said yesterday, after RA 9502, the innovator companies have practically ceded many of their IPRs in the country.

Friday, March 23, 2012

Transitions 3: Lolo Angel Mendoza of AGAP

There are three things in life that are certain: death, taxes and change. Deaths allow us to recall and remember a person in his/her lifetime, if he/she has been kind to us, to other people, or not. It is this prospect of death that may perhaps be the best "regulator" of human behavior. As much as possible, people do not want to remembered as bad when they depart from this planet.

Among those people who have been kind to his friends, family and the rest of humanity, is Angelito "Lolo Angel" Mendoza (1946-2012), the head of the Ayos na Gamot sa Abot Kayang Presyo (AGAP) or Good Medicines at Affordable Prices. AGAP is a big coalition of various NGOs, from labor to community to health NGOs, and some known individuals like former Senator Wigberto "Bobby" Tanada.

Lolo Angel here in a planning workshop by the leaders of member-NGOs of the Coalition for Health Advocacy and Transparency (CHAT), sometime in January 2010. I'm seated in front of him and former Bulacan Governor Obet Pagdanganan.


I have known and met Lolo Angel, as well as many leaders of the biggest health NGOs in the Philippines more than three years ago, when the Medicines Transparency Alliance (MeTA) organized the "CSO Mapping and Workshop for META-Philippines", January 19-20, 2009, at Diamond Hotel, Manila. After that two-days seminar-workshop, the participants agreed to form a huge network or coalition of various NGOs that will advance more transparency in medicine pricing and public policy. So already big coalitions like AGAP, the Cut the Cost Cut the Pain Network (3CPNet) and WomanHealth have become members of that new coalition, which we later called the Coalition for Health Advocacy and Transparency (CHAT). It would be the civil society arm of MeTA Philippines.

These big NGOs were also among the major advocates that pushed for the changes in the country's Intellectual Property Code (IPC) and the enactment of the Cheaper Medicines Law of 2008 or RA 9502. Minimal Government Thinkers was not a major participant in the debates prior to that law. I was just writing in this blog, in the online magazine http://thelobbyist.biz, and some op-ed papers on health issues and my critique of certain provisions of the bill that later became a law. Somehow I got noticed by Ms. Klara Tisocki, the convenor of the CSO Mapping by MeTA and she invited me to that big workshop.

Photos below, during the visit by leaders of MeTA Jordan and MeTA Zambia with MeTA Philippines. The foreign visitors met with member-NGOs of CHAT. Further below, in one of the seminar-meetings by CHAT, May 2011. Gov. Obet beside Lolo Angel.


Lolo Angel had a big lump in his throat, has throat cancer. His voice is coarse and low. I would admit that I could hardly understand him when he speaks, but the man was friendly and hard working. With his disease and frail body, he still managed to attend various meetings and seminars by MeTA Philippines, CHAT, AGAP and other groups.

When we met in some of those meetings and seminars, my favorite greeting to him was "Lo, tagay na tayo!" (Pal, let's have a drink). And he would smile and giggle. Knowing that he cannot drink because of his various medications, I would keep teasing him, "Lolo, mag beer na tayo!"

My position on various public health policy issues is very often contrary to the position of AGAP and other member-NGOs of CHAT. They support compulsory licensing (CL), exhaustion of rights or "parallel importation" and other IPR-tweaking policies in RA 9502, I don't. But in the debate on imposing drug price control in mid-2009, Lolo Angel, AGAP, me and a few other NGOs took the same position of not supporting it. Lolo Angel's alternative to drug price control is more parallel importation and allow those patented but cheaper medicines from India, etc. to be brought in. While the alternative that I advocated was more competition, allow more pharma companies, local and foreign, innovator and generic producers, to come in.

Photos below, various CHAT meetings and seminars, May 2011, held at the PRRM building in Quezon City.


Below, the only photo I have in my computer where Lolo Angel was looking straight to the camera. To his right, were Cecile Sison and former Gov. Obet Pagdanganan. Cecile and Gov. Obet are currently the Secretary and President of MeTA Philippines.


It is sad to see another friend passing away. I knew that he was sick and weak, but I did not realize that he would be departing soon. The last time I saw him was last month, during the AGAP forum with former DOH Secretary Alran Bengzon last February 16, 2012,  Generic Drugs Philippines 3: Dr. Alran Bengzon on Medicines. He looked weak but could still talk and smile.

Lolo Angel, thank you very much for the friendship.
Thank you for the various discussions. We did not share the same position on certain issues, but it was the process of exchange, the civility and respect for different ideas that mattered.

I will miss you.
Rest in peace, my friend.

* See also Transitions 2: Ninang Telly Dakila, February 07, 2011

Friday, February 17, 2012

Generic Drugs Philippines 3: Dr. Alran Bengzon on Medicines

Dr. Alfredo "Alran" Bengzon at "3/4 of a century old" remains very sharp intellectually. He actually looks like late 60s, he has no white hair, unlike me, maybe he simply dyed it. Wisdom and humility is very obvious in the way he speaks: mild, clear and emphatic at times.

I attended a forum yesterday on Access to Medicines: Reminiscing the Past to Pave the Way for Universal Health Care sponsored by the Ayos na Gamot sa Abot-kayang Presyo (AGAP) Coalition held at Sulo Riviera Hotel, Quezon City. The event was co-sponsored by many other groups like the member-NGOs and POs of AGAP, and RiteMed/United Laboratories (Unilab).

The speakers before Doc Alran were:
1. Maria Mendoza, Executive Director of the Fair Trade Alliance (FTA), another coalition that is composed also of similar NGOs that belong to AGAP. She gave the Welcome Address.
2. Former MOH UnderSecretary Rhais Gamboa, now VP of Unilab
3. Olive Parilla of Homenet Philippines/PATAMABA, a member-NGO of AGAP (leftmost in this photo)
4. Elpidio Peria of BITS Policy Center, General Santos City, and
5. Susan Roces, Ambassadress of RiteMed, a famous actress many years ago (2nd from right). She repeatedly announced "Mag RiteMed na tayo." It was a big advertising for RiteMed/UL in the forum.
AGAP Convenor and former Senator Bobby Tanada rightmost.

The last three speakers gave testimonials on "How generics helped improved their living conditions/access to health".

Thursday, February 09, 2012

Generic Drugs Philippines 2: 24 Years of Generics Act

Generic drugs are those medicines not covered by the patent protection and which are labelled solely by their international non-proprietary or generic name. That's the official definition in The Generics Act of 1988. Wiki also defines it as "a drug product that is comparable to brand/reference listed drug product in dosage form, strength, route of administration, quality and performance characteristics, and intended use... A generic drug must contain the same active ingredients as the original formulation."

The Generics Act will turn 24 years old this coming mid-September. And the drug price control policy will also turn 3 years and 1 month old that time.

A local health coalition, the Ayos na Gamot sa Abot Kayang Presyo (AGAP), or Good Medicines at Good Price, http://ayosnagamot.wordpress.com/, in partnership with several organizations, will sponsor a talk by the DOH Secretary when the law was enacted, Dr. Alfredo "Alran" Bengzon next week. I was among those invited through our bigger health association, the Coalition for Health Advocacy and Transparency (CHAT), I will come.

The law has five goals why it was enacted:
To promote, encourage and require the use of generic terminology in the importation, manufacture, distribution, marketing, advertising and promotion, prescription and dispensing of drugs;
To ensure the adequate supply of drugs with generic names at the lowest possible cost and endeavour to make them available free for indigent patients;
To encourage the extensive use of drugs with generic names through a national system of procurement and distribution;
To emphasize the scientific basis for the use of drugs, in order that health professionals may become more aware and cognisant of the therapeutic effectiveness; and
To promote drug safety by minimizing duplication in medications and/or use of drugs with potentially adverse drug interactions.
I think these are good and clear objectives. It is clear that the law would not be looking at branded generics as purely "generics" because the latter emphasizes the scientific name of the drug molecule, not its commercial brand identify, even if the latter is manufactured by a pharmaceutical company, domestic or multinational, that produces 100 percent generic drugs.

As explained to me by Lyle Morrell of Watsons and Joey Ochave of Unilab on two separate occasions, the "generics" as contained in the Generics Act of 1988 refer only to "generic-generics". There are two other type of generics in the local market: (a) product-branded generics (Examples: Tempra, Alaxan FR, Biogesic, Solmux, Tuseran, etc.) and (b) company-branded generics (Ritemed, Unilab ba yan, Pharex, etc.).

Thus, the latter two would not be considered as "generic-generics" which again, is the main advocacy of that law. This may sound like discussion on semantics but it maybe important to clarify these things as certain sectors and players in the local health sector are confused and may not be aware of this distinction and their implications when it comes to strictly implementing that law.

Doc Alran has a wide experience in health policy, both public and private healthcare. He was DOH Secretary from March 1986 to January 1992, see the DOH's brief description of his term here. After his term as DOH Secretary in the late 80s, and a short stint as a Peace Negotiator, I think he never went back to the public sector. He is now the Dean of the Ateneo School of Medicine and President/CEO of Medical City. He has lots of insights as a private health practitioner and manager.

I wrote here one time, that he talked at one of the meetings of the DOH Advisory Council on Price Regulation more than two years ago, saying that drug price control policy is wrong. In their case at Medical City, he said that they are in the business of healthcare, to make sick people get well and go home, they are not in the business of drug retailing. By forcing prices of certain drugs to go down at a level that does not reflect the cost of dispensation, monitoring, replacing, monitoring, etc., their bottomline as a healthcare provider is adversely affected. He called the drug price control policy as a short-sighted, quick-fix solution that creates more problems than it solves and thus, requested that the policy be withrawn, or at least the policy should not apply in hospital pharmacies.

It seems that then DOH Sec. Francisco Duque ("DOH-K" was the slogan of the DOH in his term) was more of a politician than a healthcare professional. Advice like that, as well as the voices and representatives of the different sectors who are members of the Advisory Council -- local pharma, multinational pharma, drugstores, hospitals, physicians, pharmacists, consumer groups (like us) -- did not get into his ear. Then DOH USec Alex Padilla and NCPAM Director, Doc Robert So were there in that meeting. USec Padilla I think was not convinced of drug price control policy, but his boss, Sec. Duque, and their higher boss, then President Gloria Arroyo, wanted that policy for additional populism, he has no option but obey his bosses.

It would be interesting to hear what former Sec. Bengzon would say about the Generics Act, 24 years after it was passed. The event is free but it is by invitation only. For those interested, you may call and write AGAP.
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See also:
Generic Drugs Philippines 1: Generics Summit, September 2011, February 09, 2012
IPR and Medicines 18: Generic Drugs and the Consumers, November 18, 2011

Wednesday, October 13, 2010

PhilHealth Watch 3: Market failure vs. Government failure in health insurance

When my wife gave birth to our 2nd child early last week, I needed to get her member data record (MDR) as one of the requirements for PhilHealth claims/deductions. I went to PhilHealth Quirino Ave. office to get it. The printing of that document should not take more than 1 minute, I guess.

But the long lines just to get that MDR -- as shown in this photo -- was que horror! About 30+ people queuing to get an MDR or PhilHealth ID and only 1 PhilHealth staff to entertain them all. It took me 1:40 hours just to get that simple document.

Does PhilHealth think that their members are jobless people who have nothing else to do and hence, can endure queueing for hours just to get simple documents, or file claims? I filed a claim, again for my wife who was hospitalized about 3 months ago. Just to file the claim took me 2:05 hours. Then we will have to wait at least 60 working days (roughly 2 1/2 months) to get the claims.

While people endure the slowness of PhilHealth bureaucracy when their members get their rightful claims after religiously paying their mandatory monthly contributions for years, there is a poster inside, shown in this photo, that members can send in their contribution by texting. When you send your contribution, PhilHealth wants to get it within seconds or minutes. When you get your claims, PhilHealth wants you to wait for hours queuing, and several months waiting for the actual claims.

Now we are resigned to the fact that PhilHealth's universal coverage will become even bigger and bigger, fine. The poor deserves healthcare. But do we all pay bigger mandatory monthly contributions then? Do we all endure even longer queues and longer waiting period to get Philhealth benefits?

The future is not yet here but my guess is that the answer to my own questions above are all Yes. Endure more ugly government bureaucracies.
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On March 25, 2009, I wrote this:

Health Insurance and Markets

Yesterday afternoon, I attended a round-table discussion by the "Ayos na Gamot sa Abot-Kayang Presyo" (AGAP), or Good ,medicines at affordable price. While I did not share with AGAP its position on the "cheaper medicines law", some leaders of AGAP are my friends as we belong to a new big coalition of NGOs on health transparency in the Philippines(to be formally launched in the next few days). That's why I was among those invited to attend the round-table discussion.

The topic was about health insurance in the Philippines and the main presenters were officials from the state-owned Philippine Health Insurance Corporation (PhilHealth), as well as a staff of a Congresswoman who authored a bill revising the law on PhilHealth. Other participants were mostly health NGOs affiliated with AGAP.

The PhilHealth guys presented and made further elaboration during the earlier part of the open forum. I have to raise my hand to make several points.

1. Our main concern is expanding access by more people to quality health care, or access to quality food, quality clothes, quality cellphone, etc. The problem has been identified and the solution is either more government intervention and subsidies, or less government intervention. Most of the concerns and sentiments are for the former.

2. But think of this: there is no government food insurance corporation -- all restaurants, all fastfood chains, all carinderias and street food vendors, are private, there is no government restaurant or government carinderia, and people are eating. There is no government transportation insurance corporation -- all buses, taxis, jeepneys, tricycles, airlines, shipping lines, etc. are private, and people are moving. There is no government clothing insurance corporation -- all clothes, pants, shoes, etc. are privately manufactured and distributed, and people have various clothing and footwear.

3. In education and health care, there is heavy government presence and intervention, and that's where problems and scandals come -- the Department of Education (DepEd) is among the most corrupt agencies in the government as perceived by many people, PhilHealth was used during the 2004 elections where millions of non-contributing people were given health cards, there are many reports of stealing and padding of claims by some hospitals, physicians and members amounting to huge amount of money.

4. Even if the staff and personnel of PhilHealth are good people and angels, but if the President and/or top political leaders are corrupt, the institution will be corrupted and so indirectly, will be its staff. Why did the "membership" of PhilHealth jumped suddenly in 2004 and not in 2003 or 2005? Because of the 2004 Presidential elections. So we can expect the same pattern next year where there will be another Presidential elections.

5. It is apparent therefore, that the solution lies in making the government step back, in reducing its intervention and allow the markets to come in a competitive environment. I am not saying that PhilHealth should be abolished or privatized, it can be shrank and become one of the many health insurance providers in the country. Membership in PhilHealth should also not be made made mandatory; it should be voluntary.

One reason why there is low formal business activities in the country, why there is high incidence of the informal sector, is because businesses have to pay plenty of mandatory taxes and contributions to the government: (1) BIR for monthly remittance of income tax, value added tax, other taxes; (2) SSS for monthly remittance of social security mandatory contributions; (3) Pag-IBIG for mandatory housing contributions, (4) PhilHealth for mandatory health insurance contribution, (5) local governments, (6) SEC, (7) DTI, etc. Government is a big burden for entrepreneurs, so that making health insurance voluntary and not mandatory will help reduce the burden in business and entrepreneurship. Also in the "cheaper medicines law", the government boasted of advancing this philosophy, yet government taxes and fees (national and local governments) comprise about 20 percent of the retail price of medicines, making said government pronouncements an irony if not a hypocrisy.

Oww, I could see some smiles and grumbles from the audience while I was talking. After I talked, some laughter. Maybe some were wondering, "which planet does that perspective come from?" :-)

More discussions and exchanges later, one PhilHealth official mentioned about "market failure" that is why government must come in to provide support to the poor and disadvantaged people. This I could not allow to pass, I rose my hands again and spoke for the second time.

There is market failure, true, but when there is stealing in government, that's "government failure". When the thieves in government do not go to prison and keep their positions instead, that's another "government failure". If those thieves will hire fellow crooks, thus perpetuating the system into large-scale, from top to bottom levels of corruption, that's another case of "government failure". There are many cases of government failures that we don't realize, we only hear "market failure".

Besides, there will always be market failure anytime, anywhere. If I demand a USB with 10 GB memory and sold for only P500 (nearly US$10), there is already market failure because while there is a demand (my personal demand), there is zero supply. So will government come in to produce that powerful but dirt-cheap USB? Another case, if there is a helicopter service from Quezon City to the Manila international airport for xxx thousand pesos and there are no takers or passengers, that again is market failure because while there is a supply of a service, there is zero demand. So will government come in to subsidize the fare in that helicopter service, in order to prevent the bankruptcy of the helicopter company?

There will always be market failure but it does not imply that government should come in all the time. Many if not most market failure does not need any government intervention because the market is capable of correcting itself (reduce or stop the supply of something if demand is small or zero, or vice versa).

In the case of health insurance, my idea is that people can have dual health insurance -- the one by government (PhilHealth) and a private health maintenance organization (HMO). The latter will be operating in a competitive environment and level playing field, so that each player will be forced to continuously improve their services. Allow also price segmentation, so that HMOs can charge P1,000 per year or P10,000 per year or P100,000 per year, depending on the budget and specific needs of their clients. Lower annual payment for fewer services, higher annual payment for plentiful and elaborate services.

This way, instances of claims-padding by the contributing members and/or physicians and hospitals can be minimized if not stopped because PhilHealth's coverage will be capped to a certain maximum. Whether patients will stay in a hospital for only 1 day or 1 week or 1 month, claims padding will be minimized. Whatever amount in excess of PhilHealth coverage can be sourced by the patients and their families to their HMOs or personal/household savings, or they can approach their local politicos for assistance. Price segmentation or price differentiation is a wonderful mechanism to allocate resources properly among people with different budget and different needs.

It was a great afternoon of exchanging ideas, but for me, it was an opportunity to douse some sense to heavy statist philosophy that more government intervention, taxation, regulation (and the corruption and waste that often come with such heavy intervention), is the solution to any social or economic problem.