NINETEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES — )
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No.1184

Introduced by Representative Christian Tell A. Yap

EXPLANATORY NOTE

One of the main challenges of Philippine health care system today is access to health care
services. Based on the data from the Department of Health (DOH). 70% of the population living
in rural areas are still struggling with no or limited access to quality inpatient and outpatient care
services. This is because only 13% of the healthcare providers and 40% of the tertiary hospitals
are situated in non-urban areas. On the average. according to DOH. it takes around 39 minutes for
Filipinos to travel to a local health facility. Moreover. delayed access to timely. reliable. accurate
and complete health information contributions to the challenges faced by health care professional.

Through the use of ICT. elealth enables the diagnosis. consultation, treatment. education
care management. and self-management of patients from health providers. eHealth not only seeks
to address current disparities in service care delivery. it also improves the flow of health
information to help achieve the Universal Healthcare goal of a more responsive healthcare system

This legislation aims to utilize information and communications technology for healthcare,
particularly in rural and underserved areas. Furthermore. this bill seeks to promote eHealth as equal
with other healthcare delivery methods

For the foregoing reasons. the approval of this bill is eamestly sought.

ELL A. YAP
- Ind District. Tarlac



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NINETEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES _ )
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No. 1184

Introduced by Representative Christian Tell A. Yap

AN ACT
ESTABLISHING THE PHILIPPINE ELECTRONIC HEALTH OR eHEALTH
SYSTEM AND SERVICES IN SUPPORT OF UNIVERSAL HEALTH CARE,
AND APPROPRIATING FUNDS THEREFOR

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

ARTICLE 1
TITLE, DECLERATION OF POLICY, AND GENERAL PRINCIPLES

SECTION 1. Short Title, - This Act shall be known as the "eHealth System and
Services Act".

SEC. 2. Declaration of Policies. -\t is the policy of the State to protect and promote the
right to health of all Filipinos and instill health consciousness among them. Toward this end,
the State shall institutionalize a system of providing wide access to quality health information
and services using information and communication technology (ICT), referred to as the
National eHealth System (NeHS). resulting in better health outcomes for every Filipino,
and further recognizing whole-of-society and whole-of-government approaches.

‘The NeHS shall be integrated, comprehensive. interoperable, progressive. secure
and sustainable based on best current and future practices. and shall facilitate inter-agency
and inter-sectoral coordination at various levels of governance covering both the public and
private sectors. It shall recognize eHealth as supplemental and complementary with other
healthcare delivery methods to the extent allowable by existing laws. provide and support
healthcare delivery, including diagnosis. consultation, treatment. transfer of care of patient.
exchange of data and education, especially in medically unserved and underserved
geographically isolated and disadvantaged areas (GIDAS).

SEC. 3. Objectives. - This Act shall provide a holistic framework that establishes
NeHS. which shall:


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a) Set policies, standards, priorities, plans, programs and projects that promote and ensure
streamlined and safely regulated delivery of eHealth services to reduce inequalities, achieve
universal health care, and better health outcomes: and

b) Clarify roles of agencies, institutions, and entities regarding their performance and
accountabilities in building national and local eHealth capacity and measuring results.

SEC. 5. Definition of Terms. - As used in this Act:

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a) Compliant eHealth services and applications refer to the requirement of
a defined architecture of eHealth standards that enable services and systems.
allow interoperability of health services and information exchange across
geographic organizational, network. vendor boundaries. and ensure data
protection in accordance with Republic Act (R.A.) No. 10173, otherwise
known as the "Data Privacy Act" and other related laws and issuances:

b) eHealth or Electronic health refers to the use of cost-effective and
secure and communications technology for health care practice. also referred
to as digital health:

¢) eHealth data services reter to key architectural data registries of the health
sector needed to enable and support large scale health information
interoperability and exchange;

) eHealth System refers to the interplay of enabling and foundational
elements essential for a successful national eHealth implementation, namely.
(1) governance and accountability. (2) standards and interoperability, (3)
services and operations. (4) telehealth. (5) human resources. (6) infrastructure.
(7) strategy and investment, (8) monitoring and compliance, and (9) research
and development:

¢) eHealth services and applications refer to the solutions. products and
innovations with defined objectives to serve its intended clients or users. such
as health information systems. electronic medical record systems. electronic
health record system. enterprise resource planning system. Pharmacy
system, laboratory system. radiology system, electronic prescription system.
human resource information system.registry systems. mobile health. telehealth.
telemedicine. wearables. and biomedical and related devices with ICT component:

f) Electronic health record (EHR) refers to a computerized health record used
tocapture, store. access and share information of a patient between and across
health care providers and health-related entities:

g) Electronic medical record (EMR) refers to a computerized medical record
used to capture, store and share information of a patient to health care providers
in an institution or organization:

h) Electronic prescription (ePrescription) refers to a system that allows
healthcare providers to write and send prescriptions in an automated ot
electronic way to a pharmacy with capability to receive such:

i) Electronic prescription (ePrescription) refers to a system that allows
healthcare providers to write and send prescriptions in an automated or
electronic way to a pharmacy with capability to receive such:

1. Physical factors are characteristics that limit the delivery of and/or
access to basic health services to communities that are difficult to reach
due to distance. weather conditions, and transportation difficulties:

2. Socioeconomic factors are social. cultural. and economic

characteristics of the community that limit access to and utilization of
health services:

j) Health sector enterprise architecture refers to the blueprint on which eHealth
services and applications shall be developed, implemented, and scaled up: and


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k) Information and communications technology refers to all technologies for
the communication of information. which include data, application or
information systems. internet. network. connectivity. telecommunications. among
others.

SECS. Implementing Agency. - The Department of Health (DOH) shall be the
lead implementing agency to carry out the provisions of this Act. The DOH shall strengthen and
transform its existing Knowledge Management and Information Technology Service (KMITS)
into a full-fledged Bureau. to be called as the National eHealth Information and Services
Bureau (NeHISB), and which shall perform the overall management and administration of this Act.
The additional plantilla position to be created for this purpose shall be submitted to the
Department of Budget and Management (DBM) for evaluation and approval

‘The Bureau shall also serve as a secretariat of the eHealth Policy and Coordination Council as
provided in Sec. 8 hereof.

SEC. 7. Regional and Local Implementation Structures and Staffing Pattern. -
To assist in the implementation of this Act. the regional organizational structures shall be lodged
under the Center for Health Development of the DOH while local organizational structures shall
be subject to the discretion of the locar government units (LGUs) in relation to Section 76 of RA
No. 7160 or the "Local Government Code of 1991.”

ARTICLE II
GOVERNANCE AND ACCOUNTABILITY

SEC. 8. Creation of the eHealth Policy and Coordination Council. - There shall be created
an independent body to be known as the eHealth Policy and Coordination Council. hereby referred
to as the Council. to provide and promote relevant policies and guidelines for the effective
coordination and implementation of this Act. The Council shall be composed of the following key
officials:

a) Secretary. DOH - Chairperson
b) Secretary, DICT- Co-Chairperson

c) President & Chief Executive Officer. PhilHealth - Co-Chairperson
d) Secretary. DOST:

e) Secretary. Department of Social Welfare and Development (DSWD):
1) Secretary. Department of Interior and Local Government (DILG):

x) Secretary. DBM:

h) Chancelior, University of the Philippines - Manila (UPM):

i) Chairman, Professional Regulation Commission (PRC):

3) Chairperson. Commission on Higher Education (CHED):

k) Chairperson, National Privacy Commission (NPC):

1) National Statistician. Philippine Statistics Authority (PSA):

m) Two (2) representatives from professional medical or health societies:
n) One (I) representative from patients’ group: and

©) One (1) representative from the ICT industry associations

The heads of government agencies may be represented by a designated official whose Rank shall
not be lower than Assistant Secretary or its equivalent. Members representing the private sector
shall be appointed by the President of the Philippines not later than thirty (30) days after the
effectivity of this Act and shall serve for a term of three (3) years. renewable upon
recommendation of the Council for a maximum of two (2) consecutive terms.

The government agency-members of the Council shall have the authority to act upon and decide
on all urgent matters pending the formation of the Council and the appointment of from the
private sector by the President of the Philippines


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SEC. 9. Powers and Duties of the Council. - The Council shall exercise the
following powers and functions:

a) Define and promote over-all eHealth policies. standards and regulations at
all levels of health care system. public and private:

b) Ensure integration and coordination of national and local eHealth strategies
and initiatives; and?

c) Submit yearly assessments and accomplishment reports to the Senate
Committee on Health and Demography and the House of Representatives
Committee on Health for performance monitoring and evaluation.

SEC. 10. Ensuring Broader Participation in eHealth Implementation. ~ The
Council shall create multi-sectoral groups. composed of both the private and public sectors
to ensure broader stakeholder participation and for the furtherance of its objectives.

Setting up of the sub-structures or mechanisms shall be in accordance with R.A. No. 11223.
otherwise known as the "Universal Health Care Act” and other related issuances.

ARTICLE II
STANDARDS AND INTEROPERABILITY

SEC. 11. Health Sector Enterprise Architecture, - The NeHS shall be operated
Within the health sector enterprise architecture that aligns and ensure that health and health-related
data are made available and accessible anytime and anywhere to various stakeholders. business
processes for health are streamlined and integrated, and services and applications are usable, safe,
efficient and effective. following the health care business model provided under R.A. No. 112:
otherwise known as the "Universal Health Care Act" and other related issuances, Rationalization
for safety and cost effectiveness. scope and standards for design and use of technologies in the
health sector shall also be defined in this architecture.

All health care providers and health-related entities shall adopt a health enterprise architecture as
defined and guided by the Council.

SEC. 12. Standards Compliance. -All health care providers and health-related
entities shall comply with the data standards to allow interoperability and health information
exchange, and ensure data protection in accordance with R.A. No. 10173. otherwise known as
the "Data Privacy Act" and other related laws and issuances.

These standards shall include. inter alia. patient identifier. health care provider identifiers. and
terminology and messaging standards. and shall be in accordance with the Philippine
eGovernment interoperability and data security framework, and other relevant standards.

ARTICLE IV
SERVICES AND APPLICATION

SEC. 13. Rationalization of eHealth Services and Applications, ~ Design.
development, and implementation of eHealth services and applications shall focus on the
automation and interoperability of the various mandatory business processes and data services in
the health sector as laid out in the Health Sector Enterprise Architecture which shall comply
with regulatory requirements and may be subjected to health technology assessment.

SEC. 14. Scope of eHealth Services and Applications. - eHealth services shall
include the following areas:
A) Mandatory eHealth Data Services:
1) Master Person Index
2) Master Provider (Human Resources) Index
3) Master Facility Index
4) Terminology or Health Services Registry


5) National Immunization Registry

B) Compliant eHealth Services and Applications:
1) Electronic Health Record/Electronic Medical Record
2) Health Information Exchange
3) Health Facility Operations and Management
4) Disease Registries
5) TeleHealth/TeleMedicine
6) Human Resources in eHealth
7) Supply Chain Management

Article V
TELEHEALTH

SEC. 15. Regulations of TeleHealth Services and eHealth Related Devices. — The
Council.through the DOH, shall establish and maintain a regulatory system for telehealth services
and eHealth-related devices.

SEC. 16. Standards of Practice and Certification of Individuals and Entities
ProvidingTeleHealth Services. - To complement the regulations of telehealth services and
eHealth- related devices. the PRC and the DOH. in consultation with PhilHealth. UPM-
National TeleHealth Center. DICT. academia, medical and specialty societies, non-
government organizations, and the private and business sectors, shall set the standards of practice
and implement a certification mechanism for health care providers and health-related entities
providing telehealth services.

ARTICLE VI
HUMAN RESOURCES

SEC. 17. Human Resource in eHealth. - Health care professionals shall plan, design.
build, operate, use, maintain and support eHealth services and applications.

The DOH. PRC. CHED. DICT, and Technical Education and Skills Development Authority
(TESDA). in consultation with medical and specialty societies. !T professional associations. and
academia, shall establish the minimum competencies and impose the same on health. health-
related and digital health professionals. This shall be part of the curriculum of health and health-
related courses.

SEC.18. Human Resource for eHealth Development Plan, -The DOH, PRC,
CHED, and TESDA shall formulate the Human Resource for eHealth Development Plan
which shall develop new curricula. integrate changes in existing curricula. create formal and
non-formal training programs, and continuing professional development programs concerning the
practice of eHealth. There shall also be creation of personnel services item. plantilla positions.
and other employment opportunities for human resource in government hospitals and institutions
to manage and enable eHealth in healthcare and related services.

ARTICLE VIL
INFRASTRUCTURE
SEC. 19. ICT Infrastructure. -The DICT. in coordination with DOH.PhilHealth.
and DOST, shall establish and maintain the necessary national ICT infrastructure to implement
eHealth services and applications.

SEC. 20. National eHealth Data Center. - The PhilHealth, in coordination with
the DOH. DICT and DOST. shall establish and maintain the National eHealth Data Center.

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and implement an agile and sustainable data management and governance framework and
system in support to R.A. No. 11223. otherwise known as the “Universal Health Care Act."
and in compliance with R.A. No. 10173, otherwise known as the "Data Privacy Act of 2012"
for data protection

ARTICLE VIL
STRATEGY AND INVESTMENT

SEC. 21. National eHealth Strategic Framework and Plan. - The Council shall
spearhead the development and monitoring of strategic framework and plan to serve and
guide the of the NeHS.

SEC. 22. Financing the eHealth Strategic Framework and Plan. - Financing for the
NeHS by DOH. PhilHealth a.nd other partners. as defined by the Council. shall be made available
to scale up eHealth implementation at the national level.

SEC. 23. Private Sector Participation. - The DOH shall promulgate rules regarding
the participation of the private sector. including public-private partnerships. and other suitable
arrangements. in the provision of eHealth services. applications, and ICT infrastructure.

ARTICLE IX
MONITORING AND COMPLIANCE

SEC. 24. Monitoring and Compliance. - The Council shall measure and monitor
the performance and progress of the implementation of this Act.

ARTICLE X
RESEARCH AND DEVELOPMENT.

SEC. 25. Research and Development, - Consistent with R.A. No. 10532. otherwise
known as the "Philippine National Health Research System Act of 2013." and the mandate of
the DOST. the DOST - Philippine Council for Health Research and Development
(DOST-PCHRD). in consultation with DOH. PRC. CHED. DICT. PhilHealth, UPM —
National TeleHealth Center, academia, regional health research consortia. medical and
specialty societies, non-government organizations, and the private and business sectors. shall
ensure the development of new eHealth services and applications through:

a) Formulation of eHealth research priority areas under the National
Unified Health Research Agenda (NUHRA). and other research agendas:
b) Funding and mobilizing resources for researches on eHealth. including
creation of and non-formal capability building programs for the development
of a pool of eHealth researchers and innovators. which are aligned with the
research agenda:
c)_ Establishment and strengthening of centers of excellence of eHealth
policy studies. research and development: and
4) Establishment and adherence of mechanisms that strengthen eHealth
innovation research and strategy to the health technology assessment
rocess as provided under R.A. No. 11223, otherwise known as the
"Universal Health Care Act.” and that integrate explicit use of evidence into
the policy and decision-making process and national eHealth standards, and
support the growth of research consortia on eHealth:

A separate unit within the PCHRD shall handle and manage eHealth related activities and
programs. The human resource requirement of such unit shall be determined by PCHRD in
consultation with the DOH. CSC and DBM.


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ARTICLE XI
ADMINISTRATIVE PENALTIES

SEC. 26. Rules and Procedures for Administrative Violations and Complaints. — The
Council shall promulgate rules and procedures relating to administrative violations and
complaints, insofar as they relate to the establishment and operations of the NeHS.

ARTICLE XII
MISCELLANEOUS PROVISIONS,

SEC. 27. Appropriations. - The amount necessary for the implementation of this Act shall
be included in the Annual General Appropriations Act.

SEC. 28, Implementing Rules and Regulations. - Within one hundred eighty days (180)
days from the effectivity of this Act. the Secretary of DOH. shall. after consultation with the
Secretaries of DICT and DOST. the President and Chief Executive Office of PhilHealth, the
Chancellor of UPM. the Chairman of the PRC. the Chairperson of CHED. the National Statistician
of PSA. and representatives of medical and paramedical associations and societies. and other
stakeholders. promulgate the necessary rules and regulations implementing the provisions of this
Act.

SEC. 29. Transitory Provisions. - ‘The transformation of KMITS into a full-fledged
Bureau and the formulation of the internal organic structure and regional and local
implementation structures. staffing pattern. operating system. and the revised budget of the DOH
for health information technology shall be completed within six (6) months from the promulgation
of the Implementing Rules and Regulations of this Act. during which time, the existing KMITS
and regional and local implementation personnel shall continue to serve in holdover capacities
until a full and permanent Bureau is constituted and functioning, and new appointments are
issued.

SEC. 30. Separability Clause. - If any part or provision of this Act is held invalid
or unconstitutional. the remaining parts or provisions not affected shall remain in full force and
effect.

SEC. 31. Repealing Clause.- All general and special laws, decrees. executive orders.
proclamations and administrative regulation, or parts thereof which are inconsistent with this
Act are hereby repealed. amended and modified accordingly.

SEC, 32. Effectivity. - This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation.

Approved,