HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

20" CONGRESS
Ist Regular Session

wouse oui nod 482

Introduced by Representative SITTIE SHAHARA “BAI DIMPLE” I. MASTURA.

AN ACT PROVIDING FOR THE MAGNA CARTA OF BARANGAY HEALTH WORKERS
EXPLANATORY NOTE

Barangay Health Workers or BHWs deliver primary health care services to communities, many of which
remains unserved or underserved, remote, difficult to access areas across the archipelago.

For so long, these unsung heroes, often at great personal sacrifice have carried on their shoulders the
burden of a health system continuously faced with insufficient resources, declining numbers of heaith
professionals and government support.

In spite all these, BHWs continue to be at the forefront of government's campaign to bring health care
services closer to the people, a feat that speak volumes of the dedication and commitment of BHWs
to bring urgent and critical health care to marginalized communities and vulnerable sectors of society.

This bill seeks to bridge the systemic gaps in the implementation of Republic Act No. 7883 otherwise
known as the “Barangay Health Workers Benefits and Incentives Act of 1995”; professionalize BHWs
through a set of registration and accreditation standards, and provide clarity of purpose and
importance to the role of barangay health workers, conspicuously ignored for decades.

‘Approved on 3 and Final Reading in the 19" Congress, this representation is refiling this measure,
firm in the belief that this legislation will serve as a ation for our BHWS, by granting benefits and
incentives they truly earned and deserve.

In view of the foregoing, passage of this bill is earnestly sought.

IPLE” I. MASTURA
tive
Maguindanao del Norte, Lone District


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

20" CONGRESS
Ast Regular Sess

vouseou no 3482

Introduced by Representative SITTIE SHAHARA “BAI DIMPLE” I. MASTURA

AN ACT PROVIDING FOR THE MAGNA CARTA OF BARANGAY HEALTH WORKERS

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

SECTION 1. Short Title. - This Act shall be known as the “Magna Carta of Barangay Health
Workers.”

SEC. 2. Declaration of Policy. ~ itis hereby declared the policy of the State to protect and
promote the right to health of people and adopt an integrated and comprehensive approach
to health development, and pursuant thereto, endeavor to make essential goods, healthcare
and other sociat services available to all the people.

As a State party to the United Nation’s Sustainable Development Goals, the State shall
adopt policies that protect the welfare and promote the well-being of barangay health
workers who are our first line of defense at the grassroots level, unsung heroes whose
dedication to ensure the delivery of basic health care services to the people are carried out
without fanfare.

SEC. 3. Definition. — As used in this Act, the term “barangay health worker” refers to a
person who has undergone training under any accredited government or non-government
organization (NGO), and who voluntarily renders primary healthcare services in the
community after having been accredited to function as such by the local health board.

SEC. 4. Coverage. ~ This Act shall apply to all barangay health workers (BHW) as defined
under Section 3 of this Act: Provided, That all benefits and incentives granted under this Act
shall extend only to duly accredited BHWs, who have undergone at least two (2) years of
training: Provided, however, That duly registered barangay health workers shall be entitled to
a monthly honoraria and hazard allowance as provided in Sec. 9 herein: Provided, further, That
when the BHW receives a fixed salary under a permanent appointment in any government
office, by election to another public office or by employment in the private sector, coverage
under this Act shall automatically cease and the BHW shall be covered under applicable laws.


SEC. 5. Registration. ~ All BHW shall be registered with the local health board in the city or
‘municipality in which they render service. Registered BHWs shall be given appropriate proof
of registration.

The municipal and city health offices shall regularly update and maintain the BHW registry
with the assistance of the BHW Federation. The BHW Registry shall be subject to the approval
of the municipal or city health board. The local health offices shall submit a copy of the
updated and duly approved registry to the Provincial Health Office for consolidation and
validation with the assistance of the Provincial BHW Federation, which shall also be subject to
the approval of the Provincial Health Board. The Provincial BHW Registry shall be posted in
the municipal or city bulletin board and barangay health centers.

The Provincial BHW Registry shall be submitted on or before April 30 of every year to the
Department of Health (DOH) at the regional and national levels for consolidation. The DOH is
hereby mandated to maintain a national registry of BHWs.

In order to qualify for registration, a Barangay Health Worker must:

a) Have rendered basic community health care services continuously and satisfactorily for
at least six (6) months immediately preceding the date of the filing of application fpr
registration in the barangay as recommended by the Rural Health Midwife (RHM) or
public health nurse assigned to the barangay and by the head of the barangay health
worker association and certified by the Sangguniang Barangay;

b) Have completed the basic orientation and training for BHWs as prescribed by the DOH,
and conducted by an accredited government agency, or DOH-recognized academic
institution, or NGO;

c) Be at least eighteen (18) years of age at the date of the filing of the application for
registration; and

4d) Be physically and mentally fit.

It shall be the duty of the municipal and city health offices, in cooperation with the
Provincial Health Office and the DOH, to provide BHW applicants basic orientation and training
within six (6) months from the date of approval of their application.

SEC. 6. Accreditation. ~ To further professionalize the health care services rendered by the
BHWs and ensure the health and welfare of the community, a duly registered BHW must be
accredited by the municipal or city health board

‘The municipal or city health board shall issue a certificate of accreditation to qualified
BHWs. In order to qualify for accreditation, the applicant BHW must:

a) Be registered in accordance with Sec. 5 hereof;


b) Have satisfactorily undertaken the role of a BHW in the locality as provided for in
Section 7 hereof, for at least two (2) years of continuous and satisfactory service
immediately prior to the filing of the application for accreditation;

©) Have completed a regular training program on health care service and community-
based health program in order to upgrade and develop the skills and competency
required of a BHW. The training program shall be institutionalized by the DOH, in
cooperation with local government units (LGUs).

Itshall be the duty of the municipal or city government, as the case may be, in cooperation
with the provincial government and DOH, to provide the applicant BHWs the necessary
support and opportunities for accreditation.

ABHW must complete the regular training program on health care service and community-
based health programs within five (5) years from registration.

The municipal and city health boards, or through their registration and accreditation
‘committee, shall act on the applications for accreditation of BHWs not later than thirty (30)
days from the date of application.

The DOH shall also maintain an updated roster of accredited BHWs that is accessible to the
general public.

SEC. 7. Roles, Duties and Responsibilities of Barangay Health Workers. — As one of the key
partners in a reformed health care delivery system, the DOH and LGUs shall support BHWs as.
they perform the following roles:

a) Advocate - to support, promote, and champion current health programs, projects, and
activities to improve access to quality health care services towards the improved health
status of the community;

b) Education - to guide and advise the community on the current DOH and health
priorities of LGUs such as the importance of a birth plan and facility-based delivery in
reducing maternal and infant deaths, newborn screening for the early detection of
congenital metabolic disorders which may lead to mental retardation and even death,
among others;

¢) Disseminator ~ to maintain regular communication with local professional health
workers on health events, updates, and concerns relevant to the community with a
relevant network of or specific health and non-health service providers;

d) Record Keeper - to maintain updated records of health data, health activities and
events in the community;

e) Health Care Service Provider — to assist and provide basic health care services as may
be needed in the community in any health event.

The BHW shall perform the following duties and responsibilities:

a) Height and weight monitoring, and reporting the same to the barangay;


b) Monitoring and following up of defaulted cases of immunization, family planning,
tuberculosis compliance to treatment and others, and reporting the same to the
barangay;

©) Reporting to the barangay any i
community;

4) Communicating and coordinating with the community to participate in barangay
health center activities;

e) Gathering of data about the overall status of health of the community;

f) Administering first aid;

8) Conducting health visits;

h) Conducting birth planning for pregnant women;

i) Conducting health education;

j) Strengthening referral systems;

k) Collecting sputum;

1) Identifying people with disease and sickness;

m) Community health profiling;

n)_ Psychosocial debriefing for stress and post-calamity initiatives;

©} Responding to natural disasters and calamities; and

p) Coordinating closely with the local government health officer in the implementation
of health programs in the locality.

fence of disease or any health cases in the

SEC. 8. Number of Barangay Health Workers (BHWs). - Subject to relevant laws, and in
coordination with relevant government agencies and respective local government units, the
number of BHWs in every barangay shall be guided by and based on the particular need of the
barangay BHW services.

The DOH shall determine the ideal ratio of barangay health workers to the number of
households: Provided, That the total number of barangay health workers nationwide shall not
be less than one per cent (1%) of the total population.

The residents of the barangay must be given preference in the employment of BHWs.
SEC. 9. incentives and Benefits. - All accredited BHWs who are actively and regularly

performing their duties and responsibilities shall be entitled to the following incentives and
benefits:

a) Monthly Honoraria in the amount of not less than three thousand (P3,000.00) pesos,
subject to the adjustment based on the prevailing market value;

b) Hazard Allowance in an amount to be determined by the local health board of LGU
concerned, which in no case shall be less than one thousand (P1,000.00) pesos per
month, subject to existing laws, rules and regulations;

¢) Subsistence Allowance equivalent to the meals they take in the course of their duty,
which shall be computed in accordance with prevailing conditions as determined by the
LGU concerned, which in no case shall be less than one hundred (P100.00) pesos per
day: Provided, that the accredited BHW shall render service within the premises of
isolated barangay health stations in order to make it at available at any and all times;



d) Transportation Allowance of not less than one thousand (P1,000.00) pesos per month,
subject to auditing rules and regulations, on the condition that the availment of
transportation services are in line with the performance of the BHWs official duties and
responsibilities;

e) One-time Gratuity Cash Incentive of not less than ten thousand (P10,000.00) pesos in
recognition of the BHWs loyalty and dedication and for having continuously and
satisfactorily served for at least fifteen (15) years;

f) Discount privileges for BHWs. — All BHWs shall be entitled to twenty percent (20%)

‘ount on all the items enumerated under Section 4(a) of Republic Act No. 9994,
otherwise known as the “Expanded Senior Citizens Act of 2010”: Provided, that the
privileges shall not be claimed if the BHW is eligible for a higher discount as may be
granted by the commercial establishment and / or other existing laws. The commercial
establishment may claim the discount granted under this section as tax deduction
based on the cost of goods sold, or services rendered: Provided, that the discount shall
be allowed as deduction from the gross income for the same taxable year that the
discount is granted: Provided, further, that the total amount of the claimed tax
deduction net of VAT, if applicable, shall be included in their gross sales receipt for tax
purposes and shall be subject to proper documentation and to the provisions of the
National Internal Revenue Code of 1997, as amended.

2) Training, Education, and Career Enrichment Programs. ~ The DOH shall, in coordination
with the Department of Education (DepEd), Commission on Higher Education (CHED),
Technical Education and Skills Development Authority (TESDA), DOH-recognized
academic institutions, other concerned agencies and non-government organizations,
provide information on and opportunities for education and career enrichment for
accredited BHWs, such as the following:

1) Education programs which credit the years of primary health care service of the
BHW towards higher education completion in institutions with stepladder curricula,
thus allowing them to upgrade their skills and knowledge for community work or
to pursue further training as midwives, pharmacists, nurses or doctors

2) Continuing education, study and exposure tours, grants, field immersion,
scholarships; and

3). Special training programs such as traditional medicine, disaster preparedness and
other programs that address emergent community health problems and issues.

h) Health benefits. - During their incumbency, all BHWs are entitled to the following
health benefits:

1) Free medical care, including surgery and surgical expenses, medicines, x-ray and
other laboratory fees, when confined in any public hospital or health institutions;

2) Emergency assistance not exceeding the amount of five thousand (P5,000.00) pesos
chargeable against the fund of the barangay concerned, for expenses incurred in
the nearest private hospital or clinic in case of extreme emergency where there is
no available public hospital;

3) Mandatory and immediate membership in the Philippine Health Insurance
Corporation (PhilHealth) as indirect contributors.


i) Insurance coverage. ~ All BHWs shall be granted insurance coverage and benefits from
the Government Service insurance System (GSIS) which shall be borne by the LGU
concerned. For this purpose, the GSIS shall design an insurance benefit package suited
to the needs and status of BHWs;

j) Sick and Maternity Leaves. — All BHWs shall be entitled to sick and maternity leaves as
prescribed by the Local Health Board, Provided, that the BHWs shall continue to receive
their monthly honoraria while on leave, for such period in accordance with existing laws
and practices;

k) Cash Gift. — All accredited BHWs are entitled to cash gift of not less than the minimum
monthly honoraria to be given every December from the general fund of the barangay
or from such other funds appropriated by the national government for the purpose;

1) Disability benefit. - An accredited BHW who sustains injury or sickness in the course of
the performance of their duties shall be entitled to two thousand (P2,000.00) pesos for
every year of service;

m) Civil Service Eligibility. - A second-grade eligibility shall be granted to accredited BHWs
who have rendered five (5) years continuous service such as: Provided, that, should a
BHW become a regular employee of the government, the total number of years served
as such shall be credited to the BHWs service in computing the retirement benefits;

rn) Free Legal Services. - Legal representation and consultation services shall be
immediately provided by the Public Attorney's Office (PAO) to an accredited BHW in
cases of coercion, interference, and in other civil and criminal cases filed by or against
BHWs arising out of or in connection with the performance of their duties as such;

0) Preferential Access to Loan. - The DOH in coordination with other concerned
government agencies shall provide, within one hundred eighty (180) days after the
effectivity of this Act, a mechanism that shall provide BHWs organized access to loan
services. The agencies providing loan services will set aside one per cent (1%) of their
foanable funds for organized BHW groups that have community-based income
generating projects in support of health programs or activities; Notwithstanding the
limitations under this section, all registered BHWs shall be entitled to monthly
honoraria and hazard allowance. The LGUs concerned shall endeavor to provide other
health benefits to BHWs not otherwise provided by law.

SEC. 10. Annual Review. ~ The local health boards shall conduct an annual review of the
BHW program, performance, as well as the benefits, incentives and allowances enumerated
in the immediately preceding Section taking into consideration the current consumer price
index as published by the Philippine Statistics Authority (PSA).

SEC. 11. Discrimination Prohibited. — Discrimination against any BHW by reason of gender,
civil status, creed, religious or political beliefs, and ethnic groupings in the exercise of their
functions and responsibilities is hereby prohibited.

‘SEC. 12. Protection of BHWs.— No accredited BHW shall be removed except fora valid cause
as determined by the Local Health Board (LHB). The LHB shall resolve termination cases
against BHWs judiciously and not later than ninety (90) days from the receipt of a complaint:
Provided, that if a BHW is found to be unjustly removed from service, the BHW shall be
entitled to reinstatement without loss of benefits and incentives from the time of termination
up to the time of reinstatement.



SEC. 13. Grievance Mechanism. - The LHB shall established a grievance mechanism as a
means of processing complaints of BHWs against alleged acts of discrimination and unjust
removal from the service. The decisions rendered by the LHB shall be final and executory.

SEC. 14. Municipal, City, Provincial and National Federation of BHWs. - There shall be an
organization of accredited BHWs for the purpose of electing the municipal, city, provincial and
national-level federation in order to ventilate, articulate, and crystalize issues affecting health
care delivery system and with utmost regard to service to patients and the continuous
operation of barangay health services in the interest of public health, safety or survival of
patients,

The BHW federation for municipalities, cities, and provinces shall elect their respective
local federation board of directors, and a set of national officers to comprise the national
board of directors, to be headed by a president. A secretary-general shall be chosen from
among the national federation members to manage the day-to-day operation and activities of
the federation. The respective board of directors may create such other positions as may be
necessary for the management of the affairs of the local and national federation.

SEC. 15. Representation in the Local Health Board and Primary Health Care Provider
Network. - The President of the municipal or city federation of BHWs shall be a member of
the municipal or city local health board. The respective presidents of the federation of BHWs
of each city or municipality federation of a province shall elect from among themselves their
representative to the provincial health board: Provided, that the BHW representatives to the
local health boards shall not be allowed to vote on the registration, accreditation, and
disciplinary or removal complaints of BHWs.

The BHWs shall also be part of the health care provider network, in the implementation of
health care services and programs.

SEC. 16. Prohibition from Engaging in Partisan Political Activity. - No BHW shall engage in
any partisan political activity.

SEC. 17. Continuous Capacity Building of BHWs. - The DOH shall conduct continuous
capacity building for BHWs that will enhance and upgrade their knowledge and skills through
various forms including online learning and multi media in major Philippine dialects.

The DOH shall, in coordination with TESDA and other concerned agencies, assist the LGUs
in the development of education modules or materials to promote the collective experiences
and learnings of BHWs as well as to promote traditional and complementary medicine.

The LGUs shall endeavor to establish their own training centers for their BHWs and other
health workers in coordination with the TESDA, NGOs, and other agencies concerned.

The LGU shall also implement a development program for BHWs that will allow them to
benefit from the ladderized training as provided under Republic Act No. 10968, otherwise
known as the “Philippine Qualification Framework Act,” and Republic Act No. 10647,


‘otherwise known as the “Ladderized Education Act of 2014”, including academic credits for
health-related courses.

SEC. 18. Observance of BHW Day. — Every barangay shall commemorate BHW Day during
April 7 of every year in recognition of the service of Barangay Health Workers, their heroic
services in times of crises, and their indispensable role in promoting health and wellness
among the citizenry.

The DOH, in cooperation with the Department of Interior and Local Government (DILG) and
all local government units shall hold simple ceremonies or activities to highlight the
indispensable role of BHWS in nation-building,

SEC. 19. Penalty Clause. ~ Any local government official who violates any provision of this
Act may be administratively and criminally charged in accordance with law.

SEC. 20. Appropriations. - The amount necessary for the implementation of this Act shall
be charged against the National Tax Allotment of LGUs, other local funds, the special health
fund under Republic Act No. 11223, otherwise known as the “Universal Health Care Act”.

SEC. 21. Implementing Rules and Regulations. - The DOH and DILG shall, in consultation
with the DepEd, CSC, GSIS, and other concerned agencies and non-governmental entities,
promulgate the rules and regulation to implement this Act not later than one hundred eighty
(180) days from the effectivity of this Act.

SEC. 22. Separability Clause. — If any portion or provision of this Act is declared invalid or
unconstitutional, other provisions hereof shall remain in full force and effect.

SEC. 23. Repealing Clause. ~ Republic Act No. 7883, otherwise known as the “Barangay
Health Workers’ Benefits and Incentives Act of 1995” is hereby repealed. All laws, decrees,
executive orders, rules and regulations, which are inconsistent with this Act are hereby
repealed or amended accordingly.

SEC. 24. Effectivity Clause. ~ This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in a newspaper of general circulation.

Approved,