SEVENTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
u :''r
SENATE
SENATE BILL NO. 1618
*17 NOV 22 A 9:49
[ { L e t : L .  w
INTRODUCED BY SENATOR JOSEPH VICTOR G. EJERCITO
AN ACT
ESTABLISHING THE PHILIPPINE eHEALTH SYSTEM AND 
SERVICES IN THE DELIVERY OF HEALTH SERVICES WITH THE 
USE 
OF 
INFORMATION 
AND 
COMMUNICATIONS 
TECHNOLOGY IN THE PHILIPPINES AND APPROPRIATING 
FUNDS THEREOF
EXPLANATORY NOTE
The World Health Organization (WHO) defines eHealth as the use of 
information and communication tedmologies (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 services (58th World Health Assembly, 
2005; Geneva, Switzerland).1
Under the Philippine Health Agenda (PHA) Strategy, ACHIEVE, "I" is 
to "Invest in eHealth and data for decision making." The PHA 2016-2022 
identifies this guarantee on access to health interventions through 
functional Service Delivery Networks which shall be enabled by 
telemedicine to expand access to specialty services.
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.
1 http://www.who.int/ehealthyabout/en/ (Accessed on 21 November 2017)


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 immediate passage of this bill is sought.
JOSEPH VICTOR G. EJERCITO


SEVENTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
. -  ■i. i h ' . r
iV!'ur >■>:' 
P
SENATE
SENATE BILL NO. 
1 0 1 8
*17 
NOV 22 
A 9 : 4 9
INTRODUCED BY SENATOR JOSEPH VICTOR G. EJERCITO
AN ACT
ESTABLISHING THE PHILIPPINE eHEALTH SYSTEM AND 
SERVICES IN THE DELIVERY OF HEALTH SERVICES WITH THE 
USE 
OF 
INFORMATION 
AND 
COMMUNICATIONS 
TECHNOLOGY IN TLIE PHILIPPINES AND APPROPRIATING 
FUNDS THEREOF
Be it enacted by the Senate and the House of Representatives of the Congress of 
the Philippines in session assembled:
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ARTICLE I
GENERAL PROVISIONS
SECTION 1. Short Title — This Act shall be known as the "Philippine 
eHealth Systems and Services Act"
SECTION 2. Declaration of Policy — The State shall protect and 
promote the right to health of the people and instill health consciousness 
among, them. Hence, it is the intent of the Legislature to institutionalize 
a system of providing wide access and quality health care services 
tlirough electronic means using Information and Communication 
Teclmologies OCT) or eHealth resulting in improved health outcomes 
for every Filipino.
SECTION 3. Objectives — The eHealth Act shall provide a policy 
framework and establish a National eHealth System that will direct and 
regulate the practice of eHealth in the Philippines.
The Philippine eHealth Systems and Services shall be comprehensive, 
integrative, sustainable, measurable, synchronized, interoperable, and 
progressive based on best practices, and shall facilitate inter-agency and


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inter-sectoral coordination at various level of governance covering both 
the public and private sectors. It shall:
a) recognize eHealth as equal with other health care delivery methods 
to the extent allowable by existing laws, provide and support 
health care delivery, including diagnosis, consultation, treatment, 
transfer of care of patient, exchange of health data and education, 
especially in medically unserved and underserved geographically 
isolated and disadvantaged areas (CIDA);
b) utilize information and communication technology (ICT) to deliver 
health services which has the potential to lessen costs, improve 
quality, change the conditions of practice, and improve access to 
healtli care, particularly in rural and other medically underserved 
areas;
c) develop infrastructure for ICT for health to promote equitable, 
affordable, and universal access to health services;
d) set policies and standards, and establish regulations regarding field 
of eHealth;
e) designate national and regional centers and networks of excellence 
for eHealth best practices, policy coordination, and technical 
support for healthcare delivery; and
f) facilitate the exchange and access to secured personal health 
information, including health providers snaring and use health and 
medical information to improve care as well ag public access to 
relevant information for the promotion of their own personal 
health
SECTION 4. Definition — For the purpose of this Act the following 
definition shall apply:
a) "Act" refers to the Philippine eHealth Systems and Services Act.
b) "Distant Site" refers to the site where a health care provider is 
located while providing these services via telecommunication 
systems.
c) "Electronic health or eHealth" refers to the use of cost-effective and 
secure information communication technology for health.


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d) "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 ciifficulties 
(island, upland, lowland, landlocked, hard to reach and 
unserved/underserved communities); and b. Socio-economic 
factors such as high poverty incidence, presence of vulnerable 
sector, communities in or recovering from situation of crisis or 
armed conflict.
e) "Information and Communications Technology" refers to the 
following:
1. 
Compressed digital interactive video, audio, or data 
transmission;
2. 
Real-time 
synchronous 
video 
or 
web-conferencing 
communications;
3. 
Secure web-based communication;
4. 
Still image capture or asynchronous store and forward; and
5. 
Modem smart medical devise use for diagnosis and health
care services.
f) "Institutional Healthcare Provider" refers an organization or 
institution that provides health care and related services, including 
but not limited to the provision of inpatient and outpatient care, 
diagnostic or therapeutic services, laboratory services, medicinal 
drugs, nursing care, assisted living, elderly care and housing, 
including retirement communities, and equipment used or useful 
for the provision of healthcare and related services.
g) "Originating site" refers to the site where the patient is located at 
the time of provision of health care services tlirough 
telecommunication systems.
h) "Professional Healthcare Provider" refers to the healthcare 
practitioner or license individual, which includes medical doctors, 
nurses, pharmacist, physical therapist, and midwives, who 
provides healthcare within the scope of his profession license.
i) "Licensable Healthcare Professionals" refer to health care 
professionals applying for the license to practice telehealth 
services.
j) "eHealth Practitioner" refers to any health care provider.


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k) "Health Center" refers to health agency involve in a Telehealth 
System.
l) "eHealth systems" refers to an organized and structure application 
of eHealth, integrated in the regular workflow of health care 
facilities.
m) "Telehealth" means the delivery of healtli related services and 
information via telecommunication teclmology. It encompasses 
preventive, promotive, curative, and palliative aspects.
n) "Telemedicine" means the use of telecommunication technology to 
provide health care sendees from a distance; focuses more on the 
curative/treatment aspect.
o) "'Unserved and underseived areas" refer to communities such as 
those isolated due to distant, physical terrain, poverty, or lack of 
transportation and social services, as well as those in situation of 
disaster, crisis, and armed conflict.
SECTION 5. Scope of the Act — The act covers all existing eHealtli 
practitioner, institution, entities, services and related applications in both 
public and private. It shall not alter the scope of practice of any health 
care provider or authorize delivery of health care services in a getting or 
in a manner not authorized by law. It shall cover all other eHealth 
solutions and sei-vices including relevant standard equipment in the field 
of health and ancillary sei'vices that uses ICT and are complementary to 
existing minimum modalities or standards of health care and other access 
to information.
ARTICLE II
eHEALTH SYSTEMS' COMPONENTS
SECTION 6. The eHealth Components — The following components 
are the building blocks that shall be put in place to realize the national 
eHealth vision and allow the eHealth outcomes to be achieved:
a) Leadership and Governance — Directs and coordinates eHealth 
activities at all levels like hospitals and health care providers. 
Critical areas of governance are management of the eHealth 
agenda, stakeholders' engagement, strategic architecture, clinical 
safety, management and operation, monitoring and evaluation, 
and policy oversight.


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b) eHealth Services/Solutions — Required services and applications 
to enable widespread access to health care services, health 
information, health reports, health care activities; securely share 
and exchange patient's information in support to health system 
goals. These address the needs of the various stakeholders like 
individuals, health care providers, managers, officials, and others.
c) Standards and Interoperability — Defines standards of eHealth 
systems and services, and promotes and enables exchange of 
health information across geographical and health sector 
boundaries through use of common standards on data structure, 
terminologies, and messaging. The implementation of software 
certification or accreditation where eHealth solutions must comply 
in order to he certified as able to exchange health information shall 
ensure compliance to eHealth data standards for interoperability.
d) Policy, and Compliance — Formulation of the required policies, 
guidelines and compliance mechanisms to support the attainment 
of the quality and acceptable eHealtli systems and services.
e) Infrastructure — Establishes and supports the ICT and medical 
base to enable provision of eHealth services and health information 
exchange to enable sharing of health information across 
geographical and health sector boundaries, and implementation of 
innovative ways to deliver health services and information.
f) Human Resources — Workforce or professionals that develop, 
operate, uses or implement the national eHealth environment such 
as the health workers who will be using eHealth in their line of 
works, health care providers, information and communication 
logy workers, and others.
g) Strategy and Investment — Schemes and outlay tliat are needed to 
develop, operate and sustain the eHealth Systems and Services. 
Tliese components support the development of a strategy and 
plans to sei"ve as guide in the implementation of tlie eHealth 
agenda. Investment refers to the funding or amount needed for 
executing the strategies and plans.
ARTICLE III
LEADERSFIIP AND GOVERNANCE
SECTION 7. Lead Agency — The Department of Health (DOH) shall be 
the lead agency in implementing this Act. For the purpose of achieving 
the objectives of the Act, the DOH shall:


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a) Establish an inter-agency and multi-sectoral National eHealth 
Steering Committee;
b) Spearhead the establishment of a National eHealth System and 
Service;
c) Coordinate with the Department of Science and Teclmology 
(DOST), the Department of Information anci Communication 
Technology Office (DICT) and the Philippine Council for Health 
Research and Development (DOST-PCHRD), Philippine Health 
Insurance Corporation (PhilHealth), University of the Philippines- 
National 
Telehealth 
Center 
(UPM-NTHC), 
Medical 
and 
Paramedical Specialty Societies, Boards and Associations, 
Professional Regulation Commission (PRC) and various health 
services providers and facilities including the academe and patient 
groups, and other stakeholder; and
d) Create or identify an Office to coordinate the development and 
implementation of a National eHealth System and Services among 
agencies concerned and provide direction and guidance to all 
DOH offices and attached agencies including the local government 
units and the private sector.
SECTION 8. National eHealth Steering Committee — To ensure the 
implementation of this Act and to serve as an executive body of the 
Philippine eHealth System and Services (PNeHSS), the National eHealth 
Steering Committee shall be created and made an integral part of the 
DOH. The composition of the Steering Committee shall be as follows:
Chair: Secretary, Department of Health;
Members:
a) 
Secretary, Department of Science and Teclmology;
b) Secretary, Department of Information and Communication 
Technology;
c) 
Secretary, Department of Social Welfare and Development;
d) Secretary, Department of Interior and Local Government;
e) 
President and Chief Executive Officer, Philippine Health 
Insurance Corporation;
f) 
Chancellor, University of the Philippines — Manila;
g) Commissioner, Professional Regulatoiy Commission;
h) Commissioner, Commission on Higher Education;
i) 
Commissioner, National Privacy Commission;
j) 
Commissioner, National Anti-Poverty Commission;
k) President, Philippine Hospital As.sociation;


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l) 
President, Philippine Medical Association;
m) President, Philippines Nurses Association;
n) President, Philippine Pharmacists Association;
o) 
A representative from the Association of Municipal Health 
Officers/PHO/CHO; and
p) Two (2) representatives from a duly organized patient group.
Members of the Committee shall be appointed by the president of the 
Philippines and Shall serve for three (3) years for a maximum of two (2) 
consecutive terms, unless recalled, replaced or resigned from office. The 
Committee shall exercise the following function:
a) 
Establish eHealth policies, standards, regulations, and ethical 
frameworks pertinent to use, practice and provision of eHealth 
services;
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Direct and coordinate the eHealth system and services at the 
national level and ensures alignment of the system and services 
with the overall health goals of the government;
c) 
Spearhead the activities that promote eHealth awareness and 
engages the participation of stakeholders;
d) Formulate responsive plans and strategies for the development 
of a national eHealth environment in coordination with major 
stakeholders and affected sectors;
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Set and develop policies and programs for the further 
advancement of eHealth, and impose necessary regulatory 
mechanisms including penalties upon hearing and deciding on 
cases;
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Create Technical Working Group, other Committees, and Experts 
Group to assist in the development of the eHealth Projects;
g) Create or identify the Telehealth Licensing and Regulatory 
mechanisms and body to implement these;
h) Submit yearly assessments to Senate Committee on Health; and
i) 
Convene at least twice a year.
ARTICLE IV
eHEALTH SERVICES AND SOLUTIONS
SECTION 9. Service and Application— the National eHealth System 
shall provide tangible means for enabling services and systems including 
access to, and exchange and management of information and content for 
the general public, patients, providers, insurance, and others which may 
be supplied by government or private businesses.


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SECTION 10. Scope of eHealth Services and Solutions — eHealth is an 
umbrella term that covers the following areas:
a) "Health informatics" refers to interdisciplinary study of the design, 
development, adoption, and application of IT-based innovations 
in healthcare services delivery, management, and planning
b) "Telehealth" means the delivery of health related services and 
information via telecommunication technology. It encompasses 
preventive, promotive, curative, and palliative aspects.
c) "Telemedicine" means the use of telecommunication teclmology to 
provide health care services from a distance; focuses more on the 
curative/treatment aspect.
d) "Electronic learning or e-learning" refers to learning utilizing 
electronic technologies to access educational curriculum outside of 
a traditional classroom.
e) "Electronic Medical Record/Electronic Health Record" refers to 
software systems that contains encoded form of documentation of 
patients' health information.
f) "'Electronic prescription or e-prescription" refers to an electronic 
generation of a physician's prescription, transmission and filling 
of medical prescription.
g) "Virtual healthcare teams" refer to professionals who collaborate 
and share information on patients with digital equipment".
h) "Mobile health or mHealth" refers to medical and public health 
practice supported by mobile devices such as mobile phones, 
patient monitoring devices, personal digital assistants (PDAs), and 
other wireless devices.
i) "Social media for eHealth" refers to the opportunities for the 
healthcare industry to engage with patients and healthcare 
professionals through online communications channels dedicated 
to community-based input, interaction, content-sharing and 
collaboration.
J) "Health Information Exchange" refers to the solution which 
enables data sliaring and exchange between health care providers 
and facilities, and support access to the patient's record across 
providers in many geographic areas of the country.


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k) "Knowledge Management system" refers to any kind of IT system 
that stores and retrieves information, improves cooperation and 
collaboration, locates knowledge sources, manage repositories, 
and enhance knowledge management.
l) "Patient Self Education about Healthcare" refers to the patient's use 
of internet through personal computers or mobile devices to 
research on medical and/or pharmacological information, 
treatment options, or search for health care facilities available in 
their area.
SECTION 11- Telehealth and Telemedicine Services — Telehealth is an 
approach of providing health care services and public health with the 
use of ICT to enable the diagnosis, consultation, treatment, education, 
care management, and self-management of patients at distance from 
health providers. However, it shall not be understood to modify the 
scope of medical practice or any health care provider or authorize the 
delivery of health care service in a setting or manner not otherwise 
authorize by the law.
SECTION 12. Electronic Medical/Health Record (EMR/EHR) - All data 
in EMR/EHR Shall be considered protected healtli data and shall be 
governed by established rules for access, authentications, storage and 
auditing, and transmittal.
SECTION 12.1. Disclosure — Disclosure of and accessibility to 
protected data in EMR/EHR Shall be limited and standardized 
following international and local rules and regulation. Patients 
may secure a copy of their EMR/EHR upon request and shall 
provide informed consent if their EMR/EHR is shared with third 
parties except when these are processed for the production of 
aggregate health statistics, for social health insurance claims based 
on established guidelines, for public health emergency concerns 
and national security.
SECTION 12.2. Covered Entities — covered entities may disclose 
protected health information to law enforcement Officials 
performing their Official duties and responsibilities as required by 
existing national and local laws and with proper order from duly 
concerned bodies.
SECTION 13. Standards of Care — The Standards of Care to be 
provided shall be based on established Clinical or service guidelines and 
services given must be the same regardless of whether a healthcare 
provider provides healthcare services in person or electronically. The 
primary accountable for the healthcare delivery shall be the attending 
physician.


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eHealth shall not replace health care providers providing services in 
person or relegate them to less important role in the delivery of 
healthcare. The fundamental healthcare provider-patient relationship is 
not only to be preserved but also augmented and enhanced.
ARTICLE V
STANDARDS AND INTEROPERABILITY
eHealth systems and services can potentially transform healthcare 
through mobile health delivery, personalized medicine, and social media 
eHealth applications. Reaching the potential for advancements in 
eHealth will only be achieved through information and communication 
technology standards efforts that facilitate interoperability among 
systems and devices, of the developing world, and leverage existing 
ubiquitous technologies such as social media applications and mobile 
devices.
SECTION 14. Standards — Standards shall be introduced and imposed 
to facilitate interoperability among systems and devices, provide 
unqualified privacy and security and to address tlie unique needs. This 
must be complied with by various providers, centers, and systems 
developers to enable consistent and accurate collection, and exchange of 
health information across health systems and Sei*vices. Tlie appropriate 
Committee as may be defined in this Act shall define and regularly 
update, and impose standards for interoperability among various 
eHealth systems and services and shall ensure wide dissemination for 
easy access of all concerned
SECTION 
15. 
Interoperability 
framework 
- 
The 
eHealth 
interoperability shall be defined and must be in consonance to national 
eGovernment interoperability framework and established internal 
standards.
SECTION 16. Secure Llealth Information Exchange (HIE) - The DOH, 
DCST, DICT and PhilHealth shall establish a secured health information 
exchange using a common trust framework and a common set of rules 
which serves as the foundation for electronic information exchange 
across geographical and health-sector boundaries. The HIE includes the 
physical infrastructure, standards, core services, and applications that 
will strengthen the national eHealth environment.
SECTION 17. Establishment and Accreditation of eHealth Centers and 
eHealth Practitioners — The Act shall ensure that telehealth centers are 
strategically organized across the country within three (3) years upon 
enactment of this law to ensure that telehealth practitioners are
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sufficiently equipped with skills for the ethical safe practice of telehealth. 
Regional Telehealth Centers shall be established. No telehealth center 
shall be allowed to operate unless it has been duly accredited based on 
the standards set forth by the DOH. The Department of Health shall be 
the lead agency for the accreditation for the facilities as Telehealth 
centers, whereas the Professional Regulatory Commission shall be the 
lead agency for the accreditation of the Telehealth Practitioners in close 
coordination witli the National eHealth Steering Committee. Practitioner 
shall be accredited by the PhilHealth for reimbursement purposes. A 
Telehealth Center shall have the following minimum requirements:
a) Equipped with the needed applications suitable for telehealth in 
the country;
b) Be supervised and staffed by trained personnel: and
c) Undergo periodic unannounced inspection by the DOH in, order 
to evaluate and ensure quality telehealth center performance.
ARTICLE VI 
INFRASTRUCTURE
SECTION 18. ICT Infrastructure — The required ICT infrastructure to 
implement eHealth system and services shall conform to the national ICT 
infrastructure plan and standards.
SECTION 19. Medical Devices and eFIealth Solutions - Software 
platform that connects existing or new medical devices and gateways 
shall be defined and regulated to ensure seamless data transfers based 
on established industry and national standards and standardization of 
EHR/EMR.
SECTION 20. Telehealth Centers Database — All telehealth centers and 
originating sites shall coordinate with DOH for consolidation of 
pertinent databases. DOH shall maintain and manage a national 
database for consults on clinical cases as well as health and medical 
education exchanges.
SECTION 21. National Health Databases and Data Warehouse — The 
DOH shall spearhead the maintenance and management of a secured 
and protected national health database and national health data 
warehouse or defined shared EMR/EHR and of consultations on clinical 
cases as well as health and medical education exchanges end other 
eHealth applications.
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ARTICLE VII 
HUMAN RESOURCES
SECTION 22. Human Resources ICT Competencies — Minimum ICT 
or eHealth competencies shall be established and imposed to medical 
and paramedical professionals practicing eHealth and be part of the 
medical and allied medical curricula.
SECTION 23. Capability Building Plans & Policies — Human resource 
plans and policies shall be fully taken into account any unique human 
resource and operations requirement involved in delivering Telehealth 
and Telemedicine. The following are to be considered:
a) Licensable health care professionals must a valid Philippine license 
based on the requirement of the Professional Regulation 
Commission (PRC);
b) Appropriate policies concerning cases wherein a licensed 
telehealth practitioner in the Philippines intending to provide 
telehealth services to patient in another country should be in place;
c) In any event, a telehealth center should have policies and 
procetlures to ensure that all relevant staff have the appropriate 
competencies to practice safe telehealth services; and
d) Telehealth centers should ensure regular review of human 
resource plans and policies related to telehealth and telemedicine.
ARTICLE VIII
STRATEGY AND INVESTMENT
SECTION 24. eHealth Strategic Framework - The DOH shall spearhead 
the development and monitoring of strategic framework and plans to 
serve to guide the implementation eHealth Systems and Services.
SECTION 25. Monitoring Evaluation System — establishment of a 
robust metric for monitoring and evaluation for eHealth to assess and 
analyze tlie impact of eHealth systems and services.
SECTION 26. Appropriation — Tlie amount necessary to carry out the 
provisions of this Act shall be included in the General Appropriation of 
the year following its enactment into a law thereafter.
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SECTION 27. Financing eHealth Services - Financing for applicable 
eHealth services by PhilHealth and other partners, as defined by the 
National eHealth Steering Committee
SECTION 28. Private Sector participation — The government shall 
encourage private sectors investment on eHealth systems and services 
subject to existing laws and regulation through the appropriate 
government agencies and must be compliant to the established national 
eHealth systems and services.
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ARTICLE IX
RESEARCH AND DEVELOPMENT
SECTION 29. Research and Development — The DOH, in coordination 
with DOST and DICT, the specialty societies and boards, the academe, 
and other research institutions shall regularly endeavor to evaluate 
existing tools and technologies used for eHealth to ensure the cost 
efficiency, appropriateness, safety and equality of services provided to 
the patients in particular, and the health sector in general towards this 
end, it shall;
a) Develop the Research Agenda;
b) Establish centers of excellence for eHealth research that will 
endeavor to produce high quality research on distance learning for 
basic and continuing professional education; and
c) Provide access to current specialized, accredited Knowledge for 
clinical care, public health, other health research publications and 
databases.
SECTION 30. Funding Source for Research Development — Tlie 
research budget Shall exceed 5% of the funding sources of the following 
government agencies:
a) Department of Health;
b) Department of Science and Technology; and
c) Department of Information and Communication Technology.
ARTICLE X 
FINAL PROVISIONS
SECTION 31. Rules and Regulations — Within ninety (120) days from 
the approval of this Act, the Secretary of Health, after consultation with 
the DOST, DICE, University of the Philippines - Manila, PhilHealth, 
CHED, medical and paramedical associations and societies and other
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stakeholders, shall promulgate the rules and regulations implementing 
the provisions of this Act.
SECTION 32. Separability — If any part or provision of this Act shall be 
declared or held to be unconstitutional or invalid, Other provisions 
hereof which are not affected thereby shall continue to be in full force 
and effect.
SECTION 32. Repealing Clause — 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 or modified accordingly.
SECTION 34. EffecHvity - This act shall take effect fifteen (15) days after 
publication in the Official Gazette or a newspaper of general circulation.
Approved,
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