Nefarious activities in the health sector

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“No matter how thin you slice it, there will always be two sides.  Everything excellent is as difficult as it is rare.  I have made a ceaseless effort not to ridicule, not to bewail, not to scorn human actions, but to understand them.”  — Baruch Spinoza

The Marcos administration proved it can act swiftly on matters of great importance with the issuance of Executive Order No. 94 creating the Independent Commission on Infrastructure (ICI) to probe the current flood control scandal and other related anomalies.

This was followed by the release of names of persons tasked to take on this optimal responsibility.  They are  former Department of Public Works and Highways (DPWH) Secretary Rogelio L. Singson and SGV and Co. Country Managing Partner Rossana A. Fajardo as the two Commission members.

They will be assisted by Baguio City Mayor Benjamin Magalong as Special Adviser who will act as an investigator of the Commission.

Under Executive Order No. 94 issued on September 11, President Marcos created the ICI to investigate and recommend appropriate charges against government officials, employees, or individuals involved in anomalies in flood control and related projects of the DPWH within the last 10 years.

As this business of uncovering deeply entrenched syndicates in the DPWH and Congress which are both perceived to be involved in the theft of billions of pesos in public funds goes on, we may well train our sights on other sectors which are similarly situated.

The health sector, for one.

Remember the series of hearings in the Senate last April, 2024—conducted by the Committee on Health headed by Sen.  Christopher “Bong” Go—during which the company Bell-Kenz Pharma were grilled by senators for various alleged marketing and medical malpractices?

During the Senate hearings last year, the veracity of claims that certain physicians  were prescribing the firm’s medicines and other products in exchange for financial incentives and perks – classic MLM-style tactics, was validated.  At the time, the issue created noise but eventually fizzled, swept under the rug amid other national issues.

While the public and other officials conveniently forgot about this issue, a former lawmaker and genuine health advocate — Lorenzo “Erin” Tañada, followed through this case, gathered various pieces of evidence and last July 17 filed a petition with the Professional Regulation Commission (PRC) against two doctors linked to the controversial alleged multi-level marketing (MLM) conducted by the Bell-Kenz Pharma.

According to Tañada, the  Professional Regulation Commission has finally issued summons to the two doctors linked to the controversy.  The former congressman sought to suspend the licenses of the two physicians— Dr. Luis Raymond Tinsay Co and Dr. Viannely Berwyn Formilleza Flores.

He said the PRC’s Board of Medicine directed the two to submit their counter-affidavits or verified answers to Tañada’s charges within 10 days of their receipt of the notices.

Otherwise, they risk being declared in default, giving Erin the upper hand in the proceedings.

Tañada, who authored the country’s first Universal Health Care (UHC) bill during his congressional stint, clearly isn’t letting this one go.

 His July 17 petition urged the PRC to investigate what he called an “unethical scheme” that compromises patient welfare, professional integrity, and public trust in the medical system. He has consistently argued that doctors profiting from prescriptions cross a red line: when health advice starts looking like a sales pitch, everyone loses – especially patients.

It may be recalled that in President Ferdinand Marcos Jr.’s recent State of the Nation Address (SONA), he boldly pledged to strengthen healthcare access and affordability.

If regulators allow MLM-style pharma practices to thrive inside hospitals—among them being Philippine Heart Center, as flagged in Tañada’s complaint—doesn’t that undercut the administration’s promise of clean, patient-first healthcare?

If the PRC upholds the complaint, it may push lawmakers to finally pass a Philippine version of the US Stark Law, which bars physician self-referrals involving financial interests.
Pharma companies could face stricter scrutiny, and more doctors might find themselves answering awkward questions about their side hustles.

I agree with Erin that the PRC Board of Medicine and other government agencies should widen the probe of this problem in the health sector, in the wake of his accusation that over 4,000 doctors are also tainted by this scandal, which may well include other pharmaceutical companies doing similar business models.

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