NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
)
SENATE 
S. No. 397
li’ -..V: 2)
,c..
72 JUL 12 P1 54
RECEIVED 3V;
INTRODUCED BY SENATOR JOSEPH VICTOR "JVV G. EJERCITO
AN ACT
ESTABLISHING THE PHILIPPINE e-HEALTH SYSTEM AND SERVICES IN 
SUPPORT OF UNIVERSAL HEALTH CARE, AND APPROPRIATING FUNDS 
THEREFOR
EXPLANATORY NOTE
The proposed legislation aims to establish, institutionalize and regulate a 
coherent, coordinated and collaborative National eHealth System, guided by a national 
policy and strategic framework. This measure will help streamline and address issues 
on provision, access, availability, accountability, patient rights, electronic health data, 
security and information exchange, among others.
The World Health Organization (WHO) defines eHealth as tiie use of 
Information and communication technologies (ICT) for health. As early as 2005, the 
World Health Assembly recognized the potential of eHealth to strengthen health 
systems and Improve quality, safety and access to care, and encouraged Member 
States to take action to incorporate eHealth Into health systems and ser/ices (58th 
World Health Assembly, 2005; Geneva, Switzerland).
The Philippine Health Agenda (PHA) Strategy also includes eHealth and data 
for decision making where it identifies access to health interventions through 
functional Service Delivery Networks which shall be enabled by telemedicine to expand 
access to specialty services.


The measure aims to complement the implementation and promote the 
Universal Health Care Act through the delivery of accessible, quality, and affordable 
health care to Filipinos with the use of information and communication technology 
(ICQ. Undeniably, e-Health facilitated the delivery of basic health care services during 
lockdowns caused by the COVID-19 pandemic. The recognition of using e-Health 
through teleconsultation proved to be beneficial because it provided safety and cost- 
effective means to access medical care when the health facilities were overwhelmed 
by COVID-19 patients.
It is also noteworthy that the Investment on building access to health services 
is a crucial requirement for the realization and success of the universal healthcare 
coverage to all Filipinos. Ultimately, this investment which ensures equitable access 
to health care services, most especially those in geographically isolated and 
disadvantaged areas (GIDA) and particularly for the poor, disadvantaged, and 
vulnerable is the pivotal Intent of this proposed legislation. It also underscores the 
need and importance of quality access to real-time Information for evidence-informed 
decision making.
In view of the foregoing, the passage of this measure is earnestly sought.
JOSEPH VICTOR "JV" G. EJERCITO


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
)
SENATE
S. No. 397
y'%;n:5^/i£>fficr of llie ^t‘ft I'ffiri’
■22 JUL12 PI 54
RECEIV'tD 3V;
INTRODUCED BY SENATOR JOSEPH VICTOR "JV" G. EJERCITO
AN ACT
ESTABLISHING THE PHILIPPINE e-HEALTH 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:
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ARTICLE I
2 
GENERAL PROVISIONS
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' Section 1. Short Title. — This Act shall be known as the "Philippine e-Health
4 
System and Services Act".
5 
Sec. 2. Declaration of Policy. — The State shall protect and promote the right
6 
to health of the people and instill health consciousness among, them. Towards this
7 
end, the State shall institutionalize a system of providing wide access to quality health
8 
information and services using information and communication technology (ICQ,
9 
referred to as the National e-Health System (NEHS), resulting In better health
10 
outcomes for every Filipino, and further recognizing who!e-of society and whole-of
11 
government approaches.
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The NEHS shall be comprehensive. Integrated, interoperable, progressive,
13 
secure and sustainable based on best current and future practices, and shall facilitate
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inter-agency and inter-sectoral coordination at various levels of governance covering
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both the public and private sectors. It shall recognize e-Health as supplemental and
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complementary with other healthcare delivery methods to the extent allowable by
17 
existing laws, provide and support healthcare delivery, including diagnosis.
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consultation, treatment, transfer of care of patient, exchange of health data and
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education, especially in medically unserved and underserved geographically isolated
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and disadvantaged areas (GIDAs).
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Sec. 3. Objectives. — This Act shall provide a policy framework and establish a
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NEHS that will direct and regulate the practice of eHealth in the Philippines.
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The NEHS shall be comprehensive. Integrative, sustainable, measurable,
7 
synchronized, interoperable, and progressive based on best practices, and shall
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facilitate inter-agency and inter-sectoral coordination at various level of governance
9 
covering both the public and private sectors. It shall:
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a) recognize eHealth as equal with other health care delivery methods to the
11 
extent allowable by existing laws, provide and support health care delivery,
12 
including diagnosis, consultation, treatment, transfer of care of patient,
13 
exchange of health data and education, especially in medically unserved and
14 
underserved geographically isolated and disadvantaged areas (CIDA);
15 
b) utilize information and communication technology (ICT) to deliver health
16 
services which has the potential to lessen costs, Improve quality, change the
17 
conditions of practice, and improve access to health care, particularly in rural
18 
and other medically underserved areas;
19 
c) develop infrastructure for ICT for health to promote equitable, affordable. And
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universal access to health services;
21 
d) set policies and standards, and establish regulations regarding field of eHealth;
22 
e) designate national and regional centers and networks of excellence for eHealth
23 
best practices, policy coordination, and technical support for healthcare
24 
delivery; and
25 
f) facilitate the exchange and access to secured personal health Information,
26 
including health providers snaring and use health and medical information to
27 
improve care as well ag public access to relevant Information for the promotion
28 
of their own personal health
29 
Sec. 4. Definition of Terms. — For the purpose of this Act the following definition
30 
shall apply:
31 
a. Compliant e-Health Services and Applications refer to solutions, products
32 
and innovations that are compliant with defined architecture of e- Health


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standards that enable services and systems, allow for interoperability of 
health services and information across geographic, organizational, network 
and 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. e-Health Data Services refer to key architectural data registries of the health 
sector enterprise needed to enable and support large scale health 
information interoperability and exchange.
c. e-Health System refers to the Interplay of enabling (governance and 
accountability; strategy and investment; human resources; standards and 
interoperability; monitoring and compliance; research and development) 
and foundational (infrastructure; and services and rippllcatlons) elements 
essential for a successful national e-Health implementation;
d. Electronic Health or e-Health refers to the use of cost-effective and secure 
Information communications technology for health, also referred to as 
digital health;
e. Electronic Health Record (HER) refers to a computerized health record used 
to capture, store, access and share information of a patient between and 
across health care providers and health-related entities;
f. Electronic Medical Record (EMR) refers to a computerized medical record 
used to capture, store and share Information of a patient between 
healthcare providers In an institution or organization;
g. Electronic Prescription (e-Prescription) 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;
h. Geographically Isolated and Disadvantaged Areas (GIDAS) refer to 
communities with marginalized population physically and socio­
economically separated from the mainstream society and characterized by: 
a. Physical factors such as those isolated due to distance, weather 
conditions and transportation difficulties (island, upland, lowland, 
landlocked, hard to reach and unserved/underserved communities); and b. 
Socio-economic factors such as high poverty incidence, presence of


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vulnerable sector, communities in or recovering from situation of crisis or
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armed conflict.
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i. Health Passport refers to the portable personal health record of a patient
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linked to the electronic health or medical record whereby patients exercise
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control.
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j. Health Sector Enterprise Architecture refers to the blueprint on which e-
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Health services and applications 
shall be developed, Implemented and
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scaled up.
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k. Information and Communications Technoiogy refers to all technologies for
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the communication of Information, which Includes data, application or
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information systems, internet, network, connectivity, telecommunications,
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among others;
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I. Teieheaith refers to an approach of providing liealth care services and public
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health with the use of ICT to enable the diagnosis, consultation, treatment,
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education, care management, and self-management of patients at distance
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from health providers. However, It shall not be understood to modify the
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scope of medical practice or any health care provider or authorize the
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delivery of health care service in a setting or manner not otherwise authorize
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by the law.
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Sec. 5. Scope and Application — This Act covers all existing healthcare
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providers and other entities developing and using e-Health systems, services and
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applications and tools, whether public or private. It shall cover all e-Health solutions,
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services and applications including relevant standard equipment in the field of health
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and ancillary services that use ICT and are complementary to existing minimum
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modalities or standards of health care and other means of access to information.
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Sec. 6. Impiementing Agency. - The Department of Health (DOH) shall be the
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lead implementing agency to carry out the provisions of this Act. The DOH shall
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strengthen and transform its existing Knowledge Management and Information
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Technology Service (KMITS) into a full-fledged Bureau, to be named as the National
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e-Health Information and Services Bureau (NeHISB), which shall perform the overall
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management and administration of this Act. Corresponding plantilla positions shall be


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created for this purpose in coordination with the Department of Budget and
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Management.
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The Bureau shall also serve as the secretariat of the e-Health Policy and
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Coordination Council created under Section 8 hereof.
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Sec. 7. Regional and Local Implementation Structures and Staffing Pattern. -
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To assist in the implementation of this Act and subject to the approval of the
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Department of Budget and Management, the DOH, in consultation with Philippine
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Health Insurance Corporation (PhilHealth), Department of Information and
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Communications Technology (DICT), and Department of Science and Technology
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(DOST) shall determine the regional and local implementation structures and create
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divisions or units as it may deem necessary, and shall appoint officers and employees
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with permanent appointments and supported with an adequate yearly budget In
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accordance with the civil service law, rules, and regulations.
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Setting up of the regional and local implementation structures shall support the
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organization and Integration of local health systems Into province-wide and city-wide
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health system in accordance with R.A. No. 11223, otherwise known as the "Universal
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Health Care Act" and other related issuances.
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ARTICLE II
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GOVERNANCE AND ACCOUNTABILITY
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Sec. 8. Creation of the e-Heaith Policy and Coordination Council. - There shall
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be created an independent body to be known as the e-Health Policy and Coordination
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Council (eHPCC), hereinafter referred as the "Council" to provide and promote
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relevant policies and guidelines for the effective coordination and implementation of
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this Act. The Council shall be composed of the following key officials:
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a. Secretary, Department of Health - Chairperson
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b. Secretary, Department of Information and Communications Technology -
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Co-Chairperson
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c. President and Chief Executive Officer, Philippine Health Insurance
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Corporation - Co-Chairperson
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Members:
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d. Secretary, Department of Science and Technology;


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e. Secretary, Department of Social Welfare and Development (DSWD);
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f. Secretary, Department of Interior and Local Government (DILG);
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g. Secretary, Department of Budget and Management (DBM);
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h. Chancellor, University of the Philippines - Manila (UPM);
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i. Chairman, Professional Regulation Commission (PRC);
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j. Chairperson, Commission on Higher Education (CHED);
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k. Chairperson, National Privacy Commission (NPC);
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I. National Statistician, Philippine Statistics Authority (PSA);
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m. One (1) representative from the Philippine Hospital Association (PHA);
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n. One (1) representative from the Private Hospital Association of the
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Philippines (PHAPI);
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0. One (1) representative from the Provincial Health Officers Association of the
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Philippines (PHOAP);
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p. One (1) representative from the Association of Municipal Health Officers of
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the Philippines (AMHOP);
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q. Two (2) representatives from professional medical or health societies;
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One (1) representative from patients' group; and
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One (1) representative from the ICT industry associations.
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The heads of government agencies may be represented by an official whose
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rank shall not be lower than an Assistant Secretary or its equivalent. Members
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representing the private sector shall be appointed by the President of the Philippines
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not later than thirty (30) days after the date of enactment of this Act and shall serve
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for a term of three (3) years, renewable upon recommendation of the Council for a
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maximum of two (2) consecutive terms.
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The government agency-members of the Council shall have the authority to act
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upon and decide on ail urgent matters pending the formation of the Council and the
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appointment of members 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
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following powers and functions:
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a. Define and promote overall e-Health policies, standards and regulations at
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all levels of healthcare system, public and private;


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b. Ensure integration and coordination of national and local e-Health strategies
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and initiatives; and
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c. Submit yearly assessments and accomplishment reports to the Senate
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Committee on Health and Demography and the House of Representatives
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Committee on Health for performance monitoring and evaluation.
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Sec. 10. Creation of the Sub-Structure or Mechanism, - The Council shall create
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multi-sectoral groups, composed of both the private and public sectors to ensure
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broader stakeholder participation and for the furtherance of its objectives.
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Setting up of the sub-structures or mechanisms shall be in accordance with
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R.A. No. 11223, otherwise known as the "Universal Health Care Act" and other related
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issuances.
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ARTICLE III
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STANDARDS AND INTEROPERABILITY
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Sec. 11. Health Sector Enterprise Architecture, -The NeHS shall be operated
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within a health sector enterprise architecture that aligns and ensures that health and
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health-related data are made available and accessible anytime and anywhere to
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various stakeholders, business processes for health are streamlined and integrated,
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and services and applications are usable, safe, efficient and effective, following the
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health care business model provided under R.A. No. 11223, otherwise known as the
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"Universal Health Care Act" and other related Issuances.
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Rationalization for safety and cost effectiveness, scope and standards for
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design and use of technologies in the health sector shall also be defined in this
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architecture. All health care providers and health-related entities shall adopt a health
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enterprise architecture as defined and guided by the Council.
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Sec. 12. Standards Compiiance, - All health care providers and health- related
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entities shall comply with the data standards to allow interoperability and health
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information exchange, and ensure data protection in accordance with R.A. No. 10173,
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otherwise known as the "Data Privacy Act" and other related laws and issuances.
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These standards shall Include, inter alia, patient Identifier, health care provider
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Identifiers, terminology and messaging standards, and shall be in accordance with the
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Philippine e-Government Interoperability framework security and other relevant
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standards.


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ARTICLE IV
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SERVICES AND APPLICATIONS
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Sec. 13. Rationalization of e-Heaith Services and Applications. - Design,
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development, and Implementation of e-Heaith services and applications shall rocus on
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the automation and interoperability of the various mandatory business processes and
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data services In the health sector as laid out In the Health Sector Enterprise
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Architecture and which may be subjected to health technology assessment and shall
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comply with regulatory requirements.
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Sec. 14. Scope of e-Heaith Services and Applications. - e-Health shall include
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the following areas:
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a. Mandatory e-Health Data Services:
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1. Master Person Index
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2. Master Provider (Human Resources) Index
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3. Master Facility Index
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4. Terminology or Health Services Registry
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5. National Immunization Registry
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b. Compliant e-Health Services and Applications, including but not limited to:
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1. Electronic Health Record/Electronic Medical Record
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2. Health Passport
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3. Health Information Exchange
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4. Health Facility Operations and Management
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5. Disease Registries
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6. TeleHealth/TeleMedicIne and mHealth
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7. Human Resources in e-Health
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8. Supply Chain Management/Enterprise Resource Planning
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ARTICLE V
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TELEHEALTH
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Sec. 15. Regulations of Teieheaith Services and e-Heaith Related Devices. -
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The Council, through the DOH, shall establish and maintain a regulatory system for
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telehealth services and e-health related devices.


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Sec. 16. Standards of Practice and Certification of Individuais and Entities
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Providing Teieheaith Services. - To complement the regulations of telehealth services
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and e-Health related devices, the Professional Regulation Commission and DOH, in
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consultation with Philhealth, UPM-National Telehealth Center, DICT, academia,
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medical and specialty societies, non-government organizations, the private and
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business sectors, shall set the standards of practice and implement a certification
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mechanism for health care providers and health-related entities providing telehealth
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services.
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ARTICLE VI
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HUMAN RESOURCES
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Sec. 17. Human Resource in e-Heaith. - The human resource for e-Health are
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health care professionals who shall plan, design, build, operate, use, maintain and
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support the e-Health services and applications.
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The DOH, PRC, CHED, DICT, and Technical Education and Skills Development
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Authority (TESDA), in consultation with medical and specialty societies, IT professional
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associations, and academia, shall establish the minimum competencies and impose
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the same on health, health-related and digital health professionals. This shall be part
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of the curriculum of health and health-related courses.
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Sec. 18. Human Resource for e-Heaith Deveiopment Plan. - The DOH, PRC,
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CHED, and TESDA shall formulate the Human Resource for e-Health Development
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Plan which shall develop new curricula, integrate changes in existing curricula, create
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formal and non-formal training programs, and continuing professional development
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programs concerning the practice of e-Health. There shall also be creation of
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personnel services Item, plantilla positions, and other employment opportunities for
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human resource in government hospitals and Institutions to manage and enable e-
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Health in healthcare and related services.
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ARTICLE VII
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INFRASTRUCTURE
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Sec. 19. ICTInfrastructure. - The DICT, in coordination with DOH, PhilHealth,
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and DOST, shall establish and maintain the necessary national ICT infrastructure to
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implement e-Health services and applications.


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Sec. 20. National Health Data Center-The PhilHealth, in coordination with the
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DOH, DICT and DOST, shall establish and maintain the national e-Health data center,
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and implement an agile and sustainable data management and governance framework
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and systemin support to R.A. No. 11223, otherwise known as the "Universal Health
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Care Act," and in compliance with R.A. No. 10173, otherwise known as the "Data
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Privacy Act of 2012" for data protection.
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ARTICLE VIII
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STRATEGY AND INVESTMENT
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Sec. 21. National e-Health Strategic Framework and Plan. - The Council shall
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spearhead the development and monitoring of strategic framework and plan to serve
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and guide the operations of a national e-Health system.
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Sec. 22. Financing the e-Health Strategic Framework and Plan. - Financing for
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the national e-Health system by DOH, PhilHealth and other partners, as defined by
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the Council, shall be made available to scale up e-Health Implementation at the
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national level.
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Sec. 23. Private Sector Participation. -The DOH shall promulgate rules
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regarding the participation of the private sector In the provision of e-Health services
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and applications, including public-private partnerships, and other suitable
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arrangements.
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ARTICLE IX
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RESEARCH AND DEVELOPMENT
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Sec. 24. Research and Development. - Consistent with R.A. No. 10532
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otherwise known as the "Philippine National Health Research System Act of 2013,"
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and the mandate of the DOST, the DOST — Philippine Council for Health Research
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and Development (DOST-PCHRD), In consultation with DOH, CHED, DICT, PhilHealth,
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UPM - National TeleHealth Center, academia, regional health research consortia,
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medical and specialty societies, non-government organizations, the private and
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business sectors, shall ensure the development of new eHealth services, applications
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and innovations through:
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a. Formulation of eHealth research priority areas under the National Unified
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Health Research Agenda (NUHRA), and other research agendas;
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b. Funding and mobilizing resources for researches on eHealth which are
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aligned with the research agenda;
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c. Establishment and strengthening of centers of excellence of eHealth policy
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studies, research and innovation, including creation of formal and nonformal
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capability building programs; and
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d. Adherence of eHealth research outputs to the health technology assessment
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process as provided in the Universal Health Care Act.
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A separate unit within the PCHRD shall handle and manage eHealth related
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activities and programs. The human resource requirement of such unit shall be
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determined by PCHRD In consultation with DOH, CSC and DBM.
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Sec. 25. Funding Source for Research and Development -The DOH, PhilHealth,
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DOST, DICT, CHED, and DILG shall allocate at least 1% of their respective annual
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regular budget in support of eHealth research and development.
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ARTICLE X
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ADMINISTRATIVE PENALTIES
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Sec. 26. Rules and Procedures for Administrative Violations and Complaints. -
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The Council shall promulgate rules and procedures relating to administrative violations
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and complaints, insofar as they relate to the establishment and operations of the
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national e-Health system.
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ARTICLE XI
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MISCELLANEOUS PROVISIONS
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Sec. 27. Transitory Provisions. - The transformation of KMITS into a full-
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fledged Bureau and the formulation of the internal organic structure and regional and
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local implementation structures, staffing pattern, operating system, and the revised
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budget of the Department for health information technology shall be completed within
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six (6) months from the effectivlty of the Implementing Rules and Regulations (IRR)
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of this Act, during which time, the existing KMITS and regional and local
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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. 28. Appropriations. - The amount needed for the initial Implementation of 
this Act shall be taken from the current fiscal year's appropriation of the DOH for 
health information technology.
For the succeeding years, the amount needed for e-Health in the DOH budget 
and in the budget of other agencies with specific mandates provided in this Act shall 
be based on the strategic plan formulated by the Council, in coordination with other 
stakeholders. The amount shall be included In the National Expenditure Program 
(NEB) as basis for the General Appropriations Bill (GAB).
Further, other sources of funds can come from the Private Sector Participation 
Program, Joint DOH-PhllHealth-DICT-DOST undertakings on e-Health, and Medium- 
Term Information and Communications Technology Harmonization Initiative (MITHI).
Sec. 29. Implementing Rules and Regulations. - Within one hundred ninety 
days (90) days from the effectivity of this Act, the Secretary of DOH, after consultation 
with the Secretaries of DICT and DOST, the President and Chief Executive Office of 
PhllHealth, the Chancellor of UPM, the Chairman of the Professional Regulation 
Commission, the Chairperson of CHED, the National Statistician of PSA, and 
representatives of medical and paramedical associations and societies, and other 
stakeholders, shall promulgate the necessary rules and regulations implementing the 
provisions of this Act.
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. Repeaiing Cause. - All general and special laws, decrees, executive 
orders, proclamations and administrative regulation, or any 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 any newspaper of general circulation.
Approved,
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