Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
Second Regular Session

1422

House Bill No.

Introduced by REP. JOEY SARTE SALCEDA

AN ACT
ESTABLISHING PHILIPPINE ELECTRONIC HEALTH SYSTEMS, PROMOTING
THE DEVELOPMENT OF ELECTRONIC HEALTH AND TELEMEDICINE
INDUSTRIES, AND THE DELIVERY OF HEALTH SERVICES USING
INFORMATION AND COMMUNICATIONS TECHNOLOGIES, AND FOR OTHER
PURPOSES

EXPLANATORY NOTE

The COVID-19 pandemic was the ultimate stress test for the public health system. It
emphasized vulnerabilities in urgent need of change and action. One such area is the remote
delivery of health services. Because our conventional health resources were occupied with
pandemic treatment and management, most other medical needs have been sidestepped, both
essential processes and elective procedures.

The following findings lead us to the need for a framework for the development of electronic
health systems in the country:

The lack of primary care, specialty providers, and transportation are significant barriers full
implementation of universal health care.

There are glaring geographical disparities are far as the distribution of basic medical facilities
are concerned. The number of hospital beds per 100,000 persons is a quick illustration of such
disparities, and the inequities in access to healthcare that such disparities create,

He

I bed: 100,000, 2016

Rest of Luzon 8.2
Visayas 78
Mindanao 83
PHILIPPINES 10.1

‘Sources: Philippine Statistics Authority, 2016; Department of Health-HFSRB, 2016


Accentuating geographic disparities in facilities is access to health professionals. Parts of the
country have difficulty attracting and retaining health professionals and supporting local health
facilities to provide a continuum of health care.

population, 2017

Health workers in institutions per 10,000

NCR 10.6 12.6 a. 3.2
CAR 64 15.8 9.9 22
I 4.0 11.2 5.6 14
I 3.4 12.1 6.9 14
mm 3.6 75 31 12
IV-A 2.8 6.5 2 0.6
IV-B 19 5.8 52) 0.6
Vv 25) 78 5.1 0.9
VI 3.1 12: 49 1.0
VIL 3.1 10.4 43 13
Vil 2.6 1.0 4.1 13
Ix 2.6 9.5 48 LI
x 2.9 9.3 52 0.9
XI 3.0 71 3.0 1.0
XIL 2.3 76 48 1.0
CARAGA 21 19 5. di
ARMM. 0.9 42 2.6 03
Philippines | 3.9 8.6 41 13

‘Source: The Philippines Health System Review, WHO

While the “Doctors for the Barrios” programs and similar initiatives have encouraged heroic
individuals to serve in underserved communities, clearly, a systemic solution is both a necessity
and, given the high penetration rate of cellphones in the country, an opportunity. Universal
health care should not be dependent on the individual virtue and heroism of doctors, but on
virtuous systems.

‘An even more unacceptable fact is that Filipinos are often one serious sickness away from
poverty, and lack of access to primary care that could have been provided by telehealth facilities
(such as early and timely check-ups) make health care costs for even initially curable diseases
expensive.

A 2013 study suggests that about 1 million Filipinos fall into poverty every year due to out of
pocket expenses'.

+ Ulep VGT, Dela Cruz NA (2013). Analysis of out-of-pocket expenditures in the Philippines - Policy Notes.
Philippine Institute for Development Studies (https://think-
asia.org/bitstream/handle/11540/6839/pidspn1621. pdf?sequence=1, accessed 18 July 2018).


Opportunities for telemedicine and eHealth

‘The market statistics and research company Statista estimates that this year, some 75.66 million
ipinos have access to a smartphone”, This very high smartphone penetration rate (almost
70%) is an opportunity to link a high-access technology with a low-access service (healthcare).

There are already existing telemedicine facilities in the country, such as the National Telehealth
Center. There are also private-sector initiatives, but these are primarily in the business process
outsourcing (BPO) sector, and whose services are available primarily to persons living abroad.

The stunted growth of telemedicine is in part due to regulatory uncertainty. There is not yet an
existing telemedicine and eHealth framework in the country.

This bill aims to address this vacuum in regulatory framework by instituting a national policy
framework for the regulation and promotion of eHealth as an industry and as a dependable
health service system.

The bill has the following main areas:

1. Establishes the components of electronic health systems;

2. Identifies the structure for leadership and governance of the sector, identifying the
Department of Health (DOH) as its primary regulator, and setting fundamental policies
for coordination and governance of the sector;

3. Enables and regulates eHealth services and solutions;

4. Sets basic sector standards and mechanisms for interoperability with conventional and
‘other modes of healthcare service delivery, by defining standards of eHealth systems
and services, and promoting synergies between different modes;

5. Sets mechanisms for policymaking, monitoring, and compliance, including the

formulation of required policies, guidelines and compliance mechanisms to support the

attainment of the quality and acceptable eHealth systems and services. This would also
make telehealth services accredited with PhilHealth;

Promotes and regulates the necessary health and supporting infrastructure;

Lays the regulatory foundations for human resources in the eHealth system;

Develops a framework for strategy and investment in the eHealth sector; and

Identifies strategies for industry development, such as promoting the accreditation of

cHealth with insurance providers, training medical and non-medical support personnel,

and ensuring eligibility to industry-promoting incentives, among others.

PRD

Optimization of national health outcomes

Because the Philippine Health Insurance Corporation (PhilHealth) will be able to access a
significant volume of timely patient data digitally, telehealth, especially if they make primary
care more accessible, would help the country’s health policymakers optimize the country’s
health outcomes. Health policy will be able to benefit from data-driven decisions.

As telehealth leaves an electronic record of patient care, it is also less susceptible to fraud.
Together with patient data, which would also make PhilHealth’s actuarial projections more

? hetps://www.statista.com/statistics/558756/number-of-mobile-internet-user-in-the-philippines/



robust, these benefits will be immensely favorable for the sustainability of the country’s
national health insurance program.

Finally, the establishment of telehealth facilities will provide livelihood opportunities for the
country’s health professionals without having to displace them physically to high-demand,
high-wage areas.

Asamode for delivering universal health care, eHealth optimizes the country’s strength in ICT
and mobile phone penetration as well as its growing health BPO industry. By leveraging the
country’s unique strengths to address a weakness in the country’s human capital development
strategies, this bill yields health, economic, and social synergies that have not fully developed
in the absence of a concrete regulatory framework.

In view of the foregoing, the approval of this bill is urgently sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
Second Regular Session

1422

House Bill No.

Introduced by REP. JOEY SARTE SALCEDA

AN ACT
ESTABLISHING PHILIPPINE ELECTRONIC HEALTH SYSTEMS, PROMOTING
THE DEVELOPMENT OF ELECTRONIC HEALTH AND TELEMEDICINE,
INDUSTRIES, AND THE DELIVERY OF HEALTH SERVICES USING
INFORMATION AND COMMUNICATIONS TECHNOLOGIES, AND FOR OTHER
PURPOSES

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

ARTICLE I
GENERAL PROVISIONS

SECTION 1. Short Title — This Act shall be known as the “Philippine E-Health and
Telemedicine Development Act of 2020.”

SECTION 2. Declaration of Policy—The State shall protect and promote the universal
and inalienable right to quality and accessible health services of the people. Towards this end,
the State shall encourage the use of electronic modes of delivery of basic health services as a
means of expanding access to primary health care.

SECTION 3. Objectives — The Philippine E-Health and Telemedicine Development
Act aims to create a basic regulatory and development framework for health and medical
services delivered through the use of Information and Communication Technology (ICT).

The Philippine eHealth Systems and Services shall be comprehensive, integrative,
sustainable, measurable, synchronized, interoperable, and progressive, based on international
and local best practices, and shall facilitate inter-agency and inter-sectoral coordination at
various level of governance covering both the public and private sectors. It shall:

a) recognize electronically-delivered health services (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, health learning, access to health goods and facilitate
health education and promotion, especially in medically unserved and underserved or
geographically isolated and disadvantaged areas (GIDA),; utilize information and
communication technology (ICT) to deliver health services which has the potential to

1


b)

°)

°)

apply:

a)
»

@)
CO)

8)

hy

sD)

kK
D}

lessen costs, improve quality, change the conditions of practice, and improve access to
health care, particularly in rural and other medically underserved areas;

develop infrastructure for ICT for health to promote equitable, affordable, and universal
access to health services;

set policies and standards, and establish regulations regarding the field of eHealth;
designate national and regional centers and networks of excellence for eHealth best
practices, policy coordination, and technical support for healthcare delivery; and
facilitate the exchange and access to secured personal health information, including
health providers sharing and use health and medical information to improve care as well
as 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

“Act” refers to the Philippine eHealth Systems and Services Act
“Distant Site” refers to the site where a health care provider is located while providing
these services via telecommunication systems.
“Electronic health or eHealth” refers to the use of cost-effective and secure
information communication technology for health.
“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 vulnerable
sector, communities in or recovering from situation of crisis or armed conflict.
“Information and Communications Technology” refers to the following:

a. Compressed digital interactive video, audio, or data transmission;

b. Real-time synchronous video or web-conferencing communications;

c. Secure web-based communication

4. Still image capture or asynchronous store and forward; and

€. Modern smart medical devise use for diagnosis and health care services.
“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.
“Originating site” refers to the site where the patient is located at the time of provision
of health care services through telecommunication systems.
“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.
“Licensable Healthcare Professionals” refer to health care professionals applying for
the license to practice telehealth services
“eHealth Practitioner” refers to any health care provider
“eHealth Center” refers to health agency involve in a Telehealth System.
“eHealth systems” refers to an organized and structure application of eHealth,
integrated in the regular workflow of health care facilities


n) “telehealth” means the delivery of health-related services and information via
telecommunication technology. It encompasses preventive, promotive, curative, and
palliative aspects.

©) “telemedicine” means the use of telecommunication technology to provide health care
services from a distance; focuses more on the curative/treatment aspect.

p) “Unserved and underserved 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 eHealth practitioner,
institution, entities, services and related application system 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 setting or in a manner not authorized by law. It shall cover all other eHealth
solutions and services including relevant standard equipment in the field of health and ancillary
services that uses ICT and are complementary to existing minimum modalities or standards of
health care and other access to information.

ARTICLE I
ELECTRONICALLY DELIVERED HEALTH SERVICES (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 system and services and allow
the eHealth outcomes to be achieved in consonance with universal health access:

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.

b) eHealth Services/Solutions — Required services and applications to enable
widespread access to health care services, health information, health reports, health
care activities, and 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

©) 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 be certified as able to
exchange health information shall ensure compliance to eHealth data standards for
interoperability.

4) Policy, and Compliance — Formulation of the required policies, guidelines and
compliance mechanisms to support the attainment of the quality and acceptable
eHealth systems and services.

©) Infrastructure — Establishes and supports the ICT and medical base to enable
provision of eHealth services and solutions including 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 not limited to health workers who will be

3


using cHealth in their line of works, health care providers, information and
communication technology workers, and others.

g) Strategy and Investment —Schemes and outlay that are needed to develop, operate
and sustain the eHealth Systems and Services. These components support the
development of a strategy and plans to serve as guide in the implementation of the
eHealth agenda. Investment refers to the funding or amount needed for executing the
strategies and plans.

h) Industry development — Policies and support programs that create an overall
regulatory environment conducive for the growth and development of the eHealth and
telemedicine sector.

ARTICLE III
LEADERSHIP 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:

a) Establish an inter-agency and multi-sectoral National eHealth Steering Committee

b) Spearhead the establishment of a National eHealth Systems and Services

©) Coordinate with the Department of Science and Technology (DOST), the Department
of Information and 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), the Department of Trade

and Industry (DTI), 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 providing these services.

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), a 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:

4) Chair: Secretary, Department of Health; and as members
b) Secretary, Department of Science and Technology;

c). Secretary, Department of Information and Communication Technology;

d) Secretary, Department of Social Welfare and Development;

¢) Secretary, Department of Interior and Local Government;

f) Secretary, Department of Trade and Industry;

1) President and Chief Executive Officer, Philippine Health Insurance Corporation;
h) Chancellor, University of the Philippines ~ Manila;

i) Commissioner, Professional Regulatory Commission

j) Commissioner, Commission on Higher Education

k) Commissioner, National Privacy Commission

1) Commissioner, National Anti-Poverty Commission



m) President, Philippine Hospital Association;

n) President, Philippine Medical Association;

©) President, Philippines Nurses Association;

p) President, Philippine Pharmacists Association;

q) A representative from the Association of Municipal Health Officers/Provincial Health
Officer/City Health Officer; and

1) Two (2) representatives from a duly organized patient group.

Members of the Committee shall be appointed or designated 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.

SECTION 9. Functions of the Committee. The Committee shall exercise the
following functions:

a) Establish eHealth policies, standards, regulations, and ethical frameworks pertinent to
use, practice and provision of eHealth services;

b) Direct and coordinate the eHealth system and services at the national level and ensures
alignment of the systems and services with the overall health goals of the government;

©) Spearhead the activities that promote eHealth awareness and engages the participation
of stakeholders;

4) Formulate responsive plans and strategies for the development of a national eHealth
environment in coordination with major stakeholders and affected sectors;

e) 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;

£) Create Technical Working Group, other Committees, and Experts Groups to assist in
the development of the eHealth solutions and services and corresponding, frameworks,
policies, plans, standards and guidelines;

2) Create or identify the telehealth licensing and regulatory standards and mechanisms and
body to implement these;

hh) Submit yearly assessments to House of Representative and Senate Committee on
Health; and

i) Convene at least twice a year.

ARTICLE IV
eHEALTH SERVICES AND SOLUTIONS

SECTION 10. 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.

SECTION 11. 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.

©) “telemedicine” means the use of telecommunication technology to provide health care
services from a distance; focuses more on the curative/treatment aspect.

4d) “clectronic learning or eLearning” refers to learning utilizing electronic technologies to
access educational curriculum outside of a traditional classroom;

¢) “Electronic Medical Record/Electronic Health Record" refers to software systems that
contains encoded form of documentation of patients’ health information during
patient’s encounters with health service providers or professionals.

) “electronic prescription or ePrescription” 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 sharing 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

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.

1) “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 arca.

SECTION 12. Telehealth and Telemedicine Services — Telehealth is an approach of
ing 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 a
distance from health care 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 13. Electronic Medical/Health Record (EMR/EHR) ~ All data in

EMR/ERR shall be considered protected health data and shall be governed by established rules
for access, authentications, storage and auditing, and transmittal.

a) 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.

b) 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 14. 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,

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

SECTION 15, Standards ~ Standards shall be introduced and imposed to facilitate
interoperability among systems and devices, provide unqualified privacy and security and to
address 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 services and ensure acceptable standards of care and to protect
interest of service recipients. The appropriate Committees 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 16. Interoperability framework — The eHealth interoperability framework
shall be defined and must be in consonance to national eGovernment interoperability
framework and established international and national standards.

SECTION 17. Secure Health Information Exchange (HIE) — The DOH, DOST,
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,

ARTICLE VI
POLICY AND COMPLIANCE

SECTION 18. Principles —The following principles shall be adhered to in the
development and provision of eHealth systems and services

a) Ethies— All stakeholders engaged in the development and provision of eHealth
systems and services must adhere to the basic principles of transparency, trust, privacy,
ownership, dignity, legitimate purpose and proportionality.

b) Privacy and Security of Information— A culture of privacy within the Philippine
eHealth Systems and Services shall be promoted and enforced in accordance with the
pertinent provisions of Republic Act 10173, otherwise known as the Data Privacy Act
of 2012, and other existing laws and regulations. The appropriate Committee shall
formulate specific guidelines and procedures to maintain the integrity of medical

7


records and protect the patient’s medical information against any unlawful disclosure
ad processing

©) Consent — No individual shall be provided eHealth service without the person’s
consent. A properly informed consent shall require disclosure of all necessary
information that a reasonable person should use in making an informed decision, in a
format and language that is readily understandable to the individual, and without
coercion influencing the choice. Security measures shall be established based on the
degree of sensitivity.

) Dignity — The patient dignity must be preserved at all times by establishing an
appropriate advocacy process to ensure that patients are protected from inappropriate
use of their personal information.

©) Proportionality — All those responsible for the deployment of eHealth application that
involves the collection, use, and storage of personal information shall consider issues
of proportionality and balance the right of the individual over those of society.

SECTION 19, Establishment and Accreditation of eHealth Centers and eHealth
Practitioners — The Act shall ensure that telchealth centers are strategically organized across
the country within three (3) years upon enactment of this law to ensure that telehealth
practitioners are 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 DOH 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
with the National eHealth Steering Committee. Practitioners shall be accredited by the
PhilHealth for reimbursement purposes.

SECTION 20. Basic requirements for a telehealth center — A Telehealth Center shall
have the following minimum requirements:
a) Equipped with the needed ICT applications suitable for telehealth in the country;
b) Be supervised and staffed by trained personnel; and
©) Undergo periodic unannounced inspection by the DOH in order to evaluate and ensure
quality telehealth center performance.

ARTICLE VII
INFRASTRUCTURE

SECTION 21. ICT Infrastructure ~The required ICT infrastructure to implement
cHealth systems and services shall conform to the national ICT infrastructure plan and
standards.

SECTION 22. Medical devices and eHealth 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 23. Telehealth Centers Database — All telehealth centers and originating
sites shall coordinate with DOH for consolidation of pertinent databases. DOH shall maintain

8


and manage a national database for consults on clinical cases as well as health and medical

education exchanges.

SECTION 24. National Health Databases and Data warehouse — The DOH in
cooperation with DICT 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 and other eHealth applications.

ARTICLE VIII
HUMAN RESOURCES

SECTION 25. Human Resources ICT Competencies — Minimum ICT or eHealth
competencies shall be established and imposed to medical and paramedical professionals
practicing eHealth, and such competencies acquisition shall be part of the medical and allied
medical curricula

SECTION 26. Capability Building Plans & Policies - Human resource plans and
policies shall be fully taken into account any unique human resource and operations
requirements involved in delivering eHealth services especially for telehealth and
telemedicine.

The following are to be considered:

a) Licensable health care professionals must hold 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) Inany event, a telchealth center should have policies and procedures 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 IX
STRATEGY AND INVESTMENT

SECTION 27. eHealth Strategic Framework ~The DOH shall spearhead the regular
development and review of eHealth strategic framework and plans to serve to guide the
implementation eHealth Systems and Services.

SECTION 28. Monitoring &Evaluation System — A robust metric for monitoring
and evaluation for eHealth to assess and analyze the impact of eHealth systems and services
shall be established.

SECTION 29. Appropriation — The 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.


SECTION 30. Financing eHealth Services — Financing for applicable eHealth
services by PhilHealth and other partners, shall be defined by the National eHealth Steering
Committee with the PhilHealth Board,

SECTION 31. Private Sector participation~The government shall encourage private
sector's 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 standards and regulatory frameworks.

ARTICLE X
INDUSTRY DEVELOPMENT

SECTION 32. Prioritization in the national development agenda — The
development of an eHealth and telemedicine industry in the Philippines, particularly as a
strategic direction for both the country’s medical sector and the ICT and business process
outsourcing industries, shall be given due priority in the country’s national development
agenda.

Towards this end, for the first (5) years upon the effectivity of this Act, the telemedicine
and eHealth industries in the Philippines shall be included in the country’s investment priorities
plan (IPP) or its successor plans. Afterwards, the said industries shall be subject to the same
evaluation mechanisms used by the Department of Trade and Industry (DTI) and the Board of
Investments (BOI) for determining which industries shall be included in the IPP.

SECTION 33. Promotion of recognition of eHealth by insurance sector —
Establishing the parity of eHealth and conventional medical services in key areas of health, the
DOH, in coordination with the Insurance Commission (IC), shall promote the recognition of e-
Health as a health service covered by relevant private-sector insurance plans.

SECTION 34. Support services by non-medical professionals. ~ The DOH shall
issue a list of technical support services for eHealth and telemedicine (such as data encoding,
management of information systems, and others) which may be performed by non-medical
professionals. The Technical Education and Skills Development Authority (TESDA) shall
formulate programs for such support services where a technical-vocational education will
suffice.

SECTION 35. Development of ICT competencies of graduates of medical-related
programs — The Commission on Higher Education (CHED) shall encourage the formulation
of courses and programs that will equip graduates of medical-related college degree programs
for delivering medical services through eHealth or telemedicine services.

ARTICLE X
RESEARCH AND DEVELOPMENT
SECTION 36. 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 (o evaluate existing tools and technologies used for eHealth to ensure the

10


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

©) Provide access to current specialized, accredited knowledge for clinical care, public
health, other health research publications and databases.

ARTICLE XI
FINAL PROVISIONS

SECTION 37. Rules and Regulations — Within ninety (120) days from the approval
of this Act, the Secretary of Health, after consultation with the DOST, DICT, University of the
Philippines-Manila, PhilHealth, CHED, medical and paramedical associations and societies
and other stakeholders, shall promulgate the rules and regulations implementing the provisions
of this Act.

SECTION 38. 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 39, 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 40, Effectivity ~ This act shall take effect fifteen (15) days after publication
in the Official Gazette or a newspaper of general circulation,

Approved,

1