Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bil No, 5810

Introduced by HONORABLE SCOTT DAVIES S. LANETE, M.D.

EXPLANATORY NOTE

During the advent of the 1987 Constitution, the State saw decentralization as « solution to the inability
of the government to implement an efficient system of providing basic services to the people. It
devolved the delivery of basic services to the local government units who were deemed most effective
in assessing the needs of the people and more efficiem in delivering services. Decentralization
brought the government closer to the people.

However, decentralization has not been fully and effectively implemented. In the field of health, local
government units have been given the control and supervision over government hospitals. But despite
this, most of the hospitals that specifically cater to certain ailments and patients are still found in
Metro Manita, the capital of the Philippines. Among the specialized hospitals are the Lung Center of
the Philippines, National Kidney and Transplant Institute, Philippine Children's Medical Center, and
the Philippine Heart Center

At prescut, there are no hospitals with these specializations situated in Visayas and Mindanao, Most

~ of the hospitals found in these areas, although efficient in terms of curing ordinary illnesses, are not
quipped with the proper medical staff and equipment necessary for (nealing paticmts with special
niceds. In effect, people with said illnesses still nced to travel to Metro Manila for treatment. Sadly,
because of the distance and additional costs of travelling, most Filipinos do not make it to these
specialized hospitals in time for treatment.

‘This bill aims to bring the government even closer to the people. It sccks to establish Telehealth
centers in every hospital, Telehealth centers, as advocated by the Center for Connected Health Policy,
fare more efficient means — in terms of both money and time ~ of delivering medical attention to
patients especially those living far from the major hospitals in the country. With these Telehealth
centers readily accessible m all hospitals, our brothers and sisters living in far-flung areas need not
travel to Metro Manila for diagnosis or treatment as a doctor in Manila. using audiovisual
communications technology, can now diagnose and prescribe the right treaimem procedure for every
patient thereby dispensing the need for a personal contact with the patient, Conscquendy. their lives
will become more convenient.

Hence, the passage of this law is urgently sought

TT DAVIES S. LANETE, M.D.
resemtanive
‘Third District,



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 08.10

Introduced by HONORABLE SCOTT DAVIES S. LANETE, M.D.

AN ACT TO ESTABLISH TELEHEALTH CENTERS IN EVERY HOSPITAL.
IN THE COUNTRY, ESTABLISHING A MECHANISM THEREFOR,
PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES

Be 11 enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

Sec. | Short Title, This Act shall be known as “Telehealth Act.”

See. 2. Declaration of Policy. itis the policy of the State to protect and promote the right to
health of the people.

Sec. 3. Definition of Terms — As used in this Act, the following terms shall mean

a) Telehealth - a collection of means or methods for enhancing health care, public health, and

.. health education delivery and support in the field of dentistry, counseling physical and
ccupational therapy, home health, chronic disease monitoring and management, ete., using
telecommunications technologies that perform live video, store-and-forward, remote patient
monitoring and mobile health

b) Telehealth Center ~ an office located within a hospital designated for the purpose of
conducting telehealth services and ts equipped with the necessary tools and manpower

¢) Live video ~ Live, two-way interaction between a person (patient, caregiver. or provider)
and a provider using audiovisual telecommunications technology. This type of service is also
referred to as “real-time” and may serve as a substitute for an in-person encounter when it is
not available.

4) Store-and-forward - Transmission of recorded health history through a secure electronic
communications system to a practitioner, usually a specialist, who uses the information to
evaluate the case or render a service outside of a real-time of live interaction As compared to
a real-time visit, this service provides access to data after it has been collected, and involves
communication tools such as secure email,

®) Remote patient monitoring: Personal health and medical data collection from an individual
in one location via electronic communication technologies, which is transmitted to a provider
(sometimes via a data processing service) in a different location for use in care and related


Support. This type of service allows a provider to continue 10 track healthcare data for a
Patient once released to home or a care facility, reducing readmission rates

1) Mobile health: Health care and public health practice and education supported by mobile
communication devices such as cell phones, tablet computers, and PDAs. Applications can
range from targeted text messages that promote healthy behavior 1 wide-scale alerts about
disease outbreaks, to name a few examples.

Sec. 4. Establishment of Telehealth Centers - It shall be established a Telehealth Center in
each and every hospital in the country.

These Telehealth centers shall be equipped with the necessary audiovisual communications
technology that will enable each Telehealth center to communicate with each other in real
time

‘These Telehealth centers shall be a non-profit public institution and their purpose being
primarily to give free access 10 virtual medical care to as many residents as possible. Their
objectives shall be

(a) To provide people in rural and far-flung areas with no adequate access 10 specialized
medical care with a virtual access at no cost to them where warranted:

(b) To give these people easy access to fast and efficient treatment and diagnosis, especially
the poor and indigent among them,

See S. Hospital Board ~ To carry out the purpose and objectives enumerated in Section Two
and ‘Three of this Act, there is hereby created the governing board of the Telehealth Center,
respectively, which shall hereafter be known as the Telehealth Center Board

The Telehealth Center board shall be composed of ten members with the Secretary of the
Department of Health as ex-officio chairman, four members, each one of whom coming the
Lung Center of the Philippines, National Kidney and Transplant Institute, Philippine
Children’s Medical Center, and the Philippine Heart Center and five members coming from
the private sector.

‘The members of the Telehealth Center Board shall be appointed by the President of the
Philippines and shall receive no salary. They shall, however, receive a per diem of not
exceeding Two Thousand Pesos for every meeting of the Board actually aitended: provided,
however, that the total amount of per diem for all the meetings of the Telehealth Center
Board in a single month shall not exceed Ten Thousand

Members of the Telehealth Center Board who are not officers of the Government shall serve
for a term of four years renewable for another term only.

‘The Board Secretary shall be appointed by the Chairman from the ranking members of the
hospital staff

Sec. 6. Powers and Duties of the Hospital Board — Subject to existiyy laws, the Telehealth
Center Board, as the goveming and policy-making body of the Telehealth Centers, shall have
such powers as are necessary {0 carry out the purpose and objectives enumerated in this Act,


cluding the exercise of corporate powers. It shall perform the following functions and
juties

(a) To promulgate and prescribe the rules and regulations for the, administration of the
affairs of Telehealth Centers.

(b) To study, propose and approve plans for the improvement of Telehealth Center services.

(©) To propose, study and approve or, amend or revise the organizational structure of
Telehealth Centers, in order to meet the exigencies of the service, subject to existing laws and
regulations on the matter and consonant with the principles of sound hospital administration

(d)_ To consider and approve appointments and promotions of all staff personnel, medical
and administrative, and other employees upon the recommendation of the Telehealth Center
Director

(c) To mvestigate all cases of anomalies, negligence or misconduct of all Telehealth Center
personne} including the Director. It shall have the final authority to pass upon the removal,
separation, and suspension of such personnel subject to the Civil Service Rules and
Regulations

(To make an internal audit once a year of the business operation of the Telehealth Center

(2) _ To receive in trust, legacies, gifts, land grants and donations of real and personal
Property of all kinds, tax free, and to administer the same for the benefit of the hospital or a
department of service thereof, Foreign and domestic donors of lezacies, gufis, grants and
donations under this section shall be exempt from any tax of whatever kind and nature to the
extent of the full amount donated, provisions of existing laws to the contrary notwithstanding

(bh) To consider and approve the budget prepared by the hospital administration for
submission to the Congress of the Philippines through the Budget Commissioner

Seo. 7. Meeting of the Board; Quorum. — The Telebealth Center Board shall meet regularly
‘nce a month at the Department of Health on a regular date fixed for the purpose. Special
meetings may be called as often as necessary, subject to Paragraph Two of Section Five
hereof A majority of the members shall constitute a quorum. All decisions of the Board must
be by a majority of the members present.

Sec. 9 The Telehealth Center Director; Auditor. — There shall be a Telehealth Center
Director, elected by a majority vote of the Telehealth Center Board provided, that the
recommendee is qualified under the Civil Service Laws and Rules.

‘The Telehealth Center Director shall serve until otherwise incapacitated or removed for cause
and shall receive an annual salary equivalent to that of Chief of Hospital IV under the Salary
Plan of the Wage and Position Classification Office. He shall have charye of the hospital and
shall have the powers in respect to the hospital as are vested by law in Uhiefs of hospitals.

Specifically, the Telehealth Center Director shall

(a) Be responsible for the implementation of all policies, decisions and orders of the
‘Telehealth Center Board:


(by Have immediate supervision and control over the affairs of the Telehealth Centers as
Pallas its management and administration, subject to the autborty ofthe Telehealth Center

(©) Prepare and submit to the Telehealth Center Board periodic reports on the state of
affairs, financial conditions, budgetary requirements and other problems of the hospital
together with the corresponding recommendations thereon, and

(d) Perform such other duties as the Telehealth Center Board may from ume to time direct
him to do, consonant with the dignity and responsibility of the office.

‘The Telehealth Center Board shall appoint an auditor who shall be the representative of the
Auditor General who is hereby designated as ex-officio auditor of all Telehealth Centers.

‘The auditor shall be the chief of its auditing and accounting department. He shall audit,
examine and settle all accounts of the Telehealth Centers, according 10 existing laws and
regulations and shall perform such other duties as the Auditor General, Telehealth Center
Director or the Telehealth Center Board may require him. His compensation shall be fixed by
the Telehealth Center Board.

Sec. 10. Heauds of Departments and Services; Compensations. — The participating heads of
departments and services as well as medical consultants and specialists shall be appointed by
the Telehealth Center Board upon recommendation of the Telehealth Center Director. Their
compensations shall be prescribed by the Telehealth Center Board but the same shall in no
case be less than provided for under existing laws and regulations

All other personne! and employees of the Telehealth Centers shall be appointed by the
‘Telehealth Center Director subject to the approval of the Telehealth Center Board.

Sec II Telehealth Center Trust Funds. — All funds and money not coming from the
general fund of the National Government such as contributions from taxes and assessments
from authorized sweepstakes lotteries and games, donations, legacies, endowment shall be
used and disbursed only upon the authorization of the Telehealth Center Board for the
Purpose of improving the Telehealth Centers, its facilities and services. including the
purchase of supplies and equipment

Sec. 12. Supervision by the Department of Health. — The Telehealth Centers shall be under
the supervision of the Department of Health.

Sec. 13. Jmplementing Agency. ~The Department of Health shall ensure the implementation
and enforcement of this Act .

Sec 14. Implementing Rules and Regulations. The Department of Health shall have the
power to promulgate the implementing rules and regulations as may be necessary to fully
implement the objectives and purposes of this Act within one (1) year from the approval
hereof.

Sec. 15. Separability Clause. If any part or provision of this Act shall be held unconstitutional
or invalid, other provisions which are not affected thereby shall continue to be m full force
and effect


Sec. 16. Repealing Clause. All laws, issuances or parts thereof inconsistent with this Act are
hereby repealed or modified accordingly.

Sec 17. Kffectivity. This Act shall take effect fifteen (15) days afler its publication in the
Official Gazette or in at least two (2) newspapers of general circulation.

Approved