Is FDA biased against our senior citizens?

Let me start by quoting letters from two senior citizens to highlight their plight that I believe is a common complaint of many of our elderly.

The first letter is from Amado Cabaero of the Philippine Association of Retired Persons: “My wife and I, aged 84 and 88 respectively, with high blood sugar and unable to eat much of our regular food, have been instructed by our doctor to take Ensure or Glucerna, a full cup serving of which is said to be equivalent to a full meal. But grocery stores do not grant the 20-percent senior citizens discount on these items even with a doctor’s prescription on the ground that these are not medicines covered by the Senior Citizen Law. Thus not many senior citizens can afford to buy these mineral supplements for prevention of diseases, illness or injury resulting from old age.

“I suggest that Rule IV, Article 7, Section 1, of the Implementing Rules of Republic Act 9994 be amended to include specifically products like Ensure (which is advertised as a source of nutrition in connection with aging, recovery from illness, injury or surgery, and managing physical and mental conditions that cause an inability or refusal to eat, appetite loss and overall weight loss), and Glucerna (which is said to be specifically designed for people with diabetes to help minimize blood sugar spikes and manage hunger as part of a diabetes weight loss plan).

“If the 20-percent senior citizens discount is granted on the purchase of these products, they will become more affordable to many senior citizens and the sellers’ margin of profit will not be affected since the discount will be reimbursed by the government.”

The second letter is from Eduardo Aguado Jr. and is basically the same as the first. Only the item in question is different.

“I am a senior citizen and an avid follower of your column in the Philippine Daily Inquirer. Two days ago, I was handed a copy of your column of Jan. 3, 2011, wherein you mention that vitamins and supplements are covered by RA 9994.

“Please be informed that two weeks ago, I went to Mercury Drug in Park Square 1 Makati to purchase Kolestrin Coconut Fiber capsules. I presented my doctor’s prescription and also presented my senior citizen card plus my booklet. Unfortunately, the person behind the counter informed me that supplements are not covered by the Senior Citizen Discount Law. Since I was not yet aware of your article, I accepted what I was told.”

My reaction. Allow me to cite the Implementing Rules and Regulations (IRR) of the Expanded Senior Citizens Act of 2010 (RA 9994) that became part of the law of the land on Feb. 15, 2010. By the way, this law is a product of the cumulative effort among the government, the nongovernment sector, citizen groups, and other stakeholders.

Under Rule IV, Privileges for the Senior Citizens, specifically Article 7, Section 1, Paragraph (a), titled “Medicine and Drug Purchases,” the IRR reads as follows: “The 20 percent discount and VAT exemption shall apply to the purchase of generic or branded medicines and drugs by or for senior citizens including the purchase of influenza and pneumococcal vaccines. The 20-percent discount and VAT exemption shall also be granted to the purchase of vitamins and mineral supplements, which are medically prescribed by a physician for prevention and treatment of diseases, illness or injury.” (I emphasize the second line, which makes it clear that vitamins and mineral supplements prescribed by a physician are covered by the Senior Citizen Law.)

In addition, Paragraph (b) of the same section, titled “Essential Medical Supplies, Accessories, and Equipment,” provides the following: “The 20-percent discount and VAT exemption shall also apply to the purchase of eyeglasses, hearing aids, dentures, bone replacements, geriatric diapers, and other essential medical supplies for senior citizens.

“The purchases under Section 1 (a) and (b) shall be subject to guidelines that shall be issued by the DOH within 30 days from effectivity of these rules in coordination with the Food and Drug Administration (FDA) and the Philippine Health Insurance Corporation (PhilHealth). The guidelines will be subjected to a regular review in keeping with the changes, demands, and needs of senior citizens.”

So even if the IRR already clearly states that vitamins and mineral supplements prescribed by a physician are covered under the Senior Citizen Law, another bureaucratic layer was added that overturns the spirit of the IRR.

The FDA came out with guidelines that classified health supplements such as those mentioned in the above letters as food and therefore are not covered by the senior citizen discount privilege.

How the FDA came up with these classifications is difficult to understand since there are a lot of expert groups that consider the health supplements as vital ingredients in the wellbeing of the elderly as far as prevention of disease and illness is concerned.

We need to review this particular guideline soonest as it involves the lives of the most vulnerable in society. Health Secretary Enrique Ona and FDA Director Suzette Lazo must look into the matter as there are ugly rumors that the FDA is favoring the multinationals and similar for-profit organizations most of which produce the health products needed by senior citizens. Some rumors talk of powerful lobby groups that intervene when it comes to the classification of certain products as food or as health supplements.

As I mentioned in an earlier column, now is the time to see which politicians are supposedly championing the cause of senior citizens but who remain silent on problems, like this one, of the elderly. We also need to hear the voices of party-list representatives who are supposed to represent the interests of our senior citizens.

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SM City North again!

Last September, I wrote about SM North Edsa coming up with its own version of the Quezon City ordinance exempting senior citizens of the city from payment of the initial rate of parking fees in malls, hospitals, etc. SM North would claim that only a few parking slots are reserved for senior citizens and when these slots are occupied, senior citizens would have to pay the normal fees.

Stephen L. Monsanto, of Loyola Heights, Quezon City, writes that SM City North “brandishes a special arrangement” said to have been approved by the Office of Senior Citizen Affairs (OSCA).

“Since the ordinance in questions admits [of] no such exception or exemption, it is clear as a pikestaff that the OSCA has overstepped the bounds of its mandate…. This city’s OSCA might as well be regarded as an adjunct to the Office of Shoemart’s Corporate Affairs! Seriously, why are QC officials [so] putty in the hands of SM?”

Calling lawyer Lino Illera, Quezon City OSCA head. You may wish to come up with some explanation.