NINFTEENTH CONGRESS OF THE  )
REPUBLIC OF THE PHILIPPINES      )
F.irst Regular session                         )
HOUSE   OF    REPRESENTATIV
House B;ll`N`o.     5681
RECEIVED
CT   2 5  2022
Introduced by REP. CAMILLE AE VILLJ\R
AN ACT
ESTABLISHING     PHILIPPINE    eHEALTH    SYSTEM    AND    SERVICES    IN
suppORT  oF  uNIVEiesAL  HEALTH  CIARE,  AND  AppROpFilA-rlNG  FUNDs
THEREFOR
EXPLANATORY NOTE
eHealth  refers  to  ``the  use  of  information  and  communication  technologies
(ICT) for health. As early as 2005, the World  Health Assembly (WHA) recognized the
potential  impact  of  strengthening  eHealth  to  advance  healthcare  delivery,   public
health,   research   and   other   health-related   activities   for  countries   regardless   of
income.  Consequently,  they  urged  all  member  states  to  take  concrete  steps  to
integrate eHealth such as through a long-term strategic plan, develop infrastructure,
and  build closer collaboration with other stakeholders among others.1 Its importance
and   impacts   of  eHealth   were   exhibited   during   the   COVID-19   pandemic   where
awareness  on  healthcare  information,  identity,  and  other  data  of  each  individual
became  contingent to  fighting  the virus  as  a  country and  in  providing  basic  health
services without the risk of virus communication.
The  Philippines  also  subscribes  to  the  prospective  benefits  of  eHealth.  The
Accelerating  Human  Capital  Development  Pillar  of the  Philippine  Development  plan
2017-2022  states  that one  of the  key  cross-cutting  strategies  to  improve  nutrition
and health for all is to invest in eHealth mechanisms to address data gaps.
1.https://apps.who.int/iris/bitstream/handle/10665/20398/A58_2005_REC1-en.pdf?sequence=1&isAltowed=y
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Furthermore, as cited  in the Governance in Health and Service Delivery Pillars
of  the  Department  of  Health's  Formula  One  Plus  for  Health  Poliey  and  Strategic
Framework,  eHealth  has  been  referred  to  as  a  deliberate  mechanism  to  "ensure
generation  and  use of evidence  in  health  poliey development,  decision-making,  and
program   planning   and   implementation,"   in   conjunction   with   "transpareney   and
accountability measures at all levels instituted."
To actualize aforementioned worldwide and  national  acknowledgement of its
capacity,  a  regulated  and  streamlined framework is  necessary,  which  can  be found
in  this  bill.  Furthering  the  positive  impacts  of  the  Universal  Health  Care  and  the
strategies as identified by government agencies, the promulgation of eHealth System
and  Services  pursues  directed,  regulated,  streamlined,  and  interoperable  systems
and   services   resulting   in   more  efficient,   more  effective,   and  quality  delivery  of
healthcare,   foster   cooperation   among   actors   and   stakeholders,   and   facilitate
research, development, and innovation in heaith. As an outcome, a more sustainable
and reliable healthcare is within reach for all Filipinos regardless of income.
In    view    of    previous    statements,    immediate    passage    of   this    bill    is
recommended.
EZZZZZZq©
CAMILLE A. VILLAR


NINETEENTH CONGRESS OF THE  )
REPUBLIC OF THE PHILIPPINES      )
First Regular session                        )
HOUSE    OF    REPRESENTATIVES
House Bill-No.    5681
Introduced by REP. CAMILLE A. VILLAR
AN Aor
ESTABLISHING     PHILIPPINE    eHEALTH     SYSTEM    AND    SEFNICES    IN
suppORT  OF  uNIVElesAL  HEALTH  CARE,  AND  AppROpRIATING  FUNDs
THEREFOR
Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  Philippines  in
Congress assembled :
ARTICLE I
GENERAL PROVISIONS
1                   Section   1.  5;4orf  77r]/a,  -This  Act  shall  be  known  and  referred  to  as  the
2      "eHealth system and services Act of 2022".
3                  Sec.  2.  Oec/araf/on of pz}/M+y.  -It  is  the  policy of the  State  to  protect  and
4       promote  the  right  to  health  of  all  Filipinos  and  instill  health  consciousness  among
5      them.  Towards this  end,  the  State  shall  institutionalize  a  system  of providing  wide
6      access    to    quality    health    information    and    serviees    using    information    and
7      communication   technology   (ICT),   referred   to   as   the   National   eHealth   System
8       (NEHS),    resulting    in    better   health   outcomes   for   every   Filipino,    and   further
9      recognizing whole-of society and whole-of government approaches.
10                   The   NEHS  shall   be  comprehensive,   integrated,   interoperable,   progressive,
11      secure   and   sustainable   based   on   best  current  and   future   practices,   and   shall
12      facilitate inter-agency and inter-sectoral coordination at various levels of governance
13      covering   both   the   public   and   private   sectors.   It   shall   recognize   eHealth   as
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1      supplemental  and  complementary  with  other  healthcare  delivery  methods  to  the
2      extent allowable by existing  laws,  provide and support healthcare delivery,  including
3      diagnosis,  consultation,  treatment,  transfer  of care  of  patient,  exchange  of  health
4      data and education, especially in medically unserved and underserved geographically
5      isolated and disadvantaged areas (GIDAs).
6                   Sec.  3.  04/.Gct7.Mrs. This Act shall provide a  holistic framework that establishes
7       aNEHS,whichshall:
8                   a)         Set  policies,  standards,  priorities,  plans,  programs  and  projects  that
9                               promote   and   ensure   streamlined   and   safely   regulated   delivery   of
10                                eHealth  services  to  reduce  inequalities,  achieve  universal  health  care
11                               and better health outcomes;
12                    b)         Clarify   roles   of   agencies,   institutions   and   entities   regarding   their
13                                  performance and accountabilities in building  national and  local eHealth
14                                capacity and measuring results; and
15                   c)         Enable    the    citizenry   with    suitable    access   to    their   own    health
16                               information  needed  for  better  management  and  control  of their  own
17                                   health.
18                   Sec.   4.   5£c}p€  am4' ,44f}/M.cat/o».   -  This  Act  covers  all   existing   healthcare
19      providers and health-related entities developing and using eHealth systems, services
20      and   applications  and  tools,  whether  public  or  private.   It  shall  cover  all  eHealth
21      solutions,  services  and  applications  including  relevant  standard  equipment  in  the
22      field of health and ancillary services that use IcT and are complementary to existing
23      minimum  modalities  or  standards  of  health  care  and  other  means  of  access  to
24       information.
2:5                   SRic. 5. Definition cif Terms. -As \iserd -in trirs Aict.
2J6                   a)         Compliant   eHealth    Services   and    Applications   rofer   t!J)   siKJMj)one,
produds and  innovations that are compliant with  defined  architecture
of  eHealth   standards  that  enable  services  and  systems,   allow  for
interoperability  of  health  serv-Ices  and  information  across  geographic,
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organizational,   network   and   vendor   boundaries,   and   ensure   data
protection in accordance with  Republic Act (R.A.) No.  10173, otherwise
known as the ``Data Privaey Act" and other related laws and issuances.
b)        e#€affl oBfa se"Tces refer to key architectural  data  registries of the
health  sector  enterprise  needed  to  enable  and  support  large  scale
health information interoperability and exchange.
c)         €#ea/H4 5/Tystgm refers  to  the  interplay  of  enabling  (governance  and
accountability;  strategy  and  investment;  human  resources;  standards
and    interoperability;     monitoring    and    compliance;    research    and
development)   and   foundational   (infrastructure;    and   services   and
applications)   elements   essential   for   a   successful   national   eHealth
implementation;
d)         Electronic  Health  or  eHealth rofe!rs to two use  Of  c!ofireffc:dirve  arid
secure information communications technology for health, also referred
to as digital health;
e)         Electronic Health  Record (EHR) rofe!rs to a comquterirzf ed hefINh rcycord
used  to  capture,  store,  access  and  share  information  of  a  patient
between and across health care providers and health-related entities;
F)          Electronic   Medical   Record   (EMR)  rofc:rs  to  a  clrmpurdf givz!f ed  rnediczal
record   used  to  capture,  store  and  share  information   of  a   patient
between health care providers in an institution or organization;
gr)         Electronic  prescription  (eprescription) rofcrs to  a eysf yf rm thHit FrNows
healthcare  providers to  write  and  send  prescriptions  in  an  automated
or electronic way to a pharmaey with capability to receive such;
ITO         Geograph-ically  Isolated   and   Disadvantaged  Areas  (GIDAs)  rofer  to
barangays  specifically  disadvantaged  due  to  the  presence  of  both
physical and socio-economic factors.  For a  barangay to be classified as
GIDA, both physical and socio-economic factors must be present.
1)         Physical  factors  are  characteristics  that  limit  the   delivery  of
and/or access to  basic  health  services to communities that are
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difficult   to   reach   due   to   distance,   weather   conditions,   and
tra nsportation difficulties;
2)         Socio-economic    factors    are    social,    cultural,    and    economic
characteristics   of   the   community   that   limit   access   to   and
utilization of health services.
#ea/Z4i4  Pa5:sjc]c2rf refers  to  the  portable  personal  health  record  of  a
patient linked to the electronic health/medical record whereby patients
exercise control.
#ea/tt 5:actor f»fey]pri±g Ant:A/f8ctz/tie refers to the blueprint on which
eHealth services and applications shall be developed, implemented and
scaled up.
Information and Communications Technology rofcrs tf ] eAI tf 3drvohogivrs
for the communication  of information,  which  includes data,  application
or       information       systems,       internet,       network,       connectivity,
telecommunications, among others;
16                   Sec. 6. /mf]/gy77enfz77gAgg#cy. ~The Department of Health (DOH) shall be the
17      lead   implementing   agency  to  carry  out  the   provisions  of  this  Act,   including   its
18      components.   The   DOH   shall   strengthen   and   transform   its   existing   Knowledge
19       Management   and   Information   Technology   Service   (KMITS)   into   a   full-fledged
20      Bureau,  to be named as the  National eHealth Information and  Services Bureau  (N  e
21       HISB),  which  shall  perform  the  overall  management and  administration  of this Act.
22      Corresponding plantilla positions shall be created for this purpose.
23                   The   Bureau   shall   also  serve  as  a   secretariat  of  the  eHealth   Poliey  and
24      Ccordination council as provided on sec. 7 hereof.
2:5                  Srfgc. 7.  Regional and Local Implementation Structures and Sfaffing  Pattern. -
26      To  assist  in  the  implementation  of  this  Act  and  subject  to  the  approval  of  the
27       Department  of  Budget  and  Management,  the  DOH,  in  consultation  with  Philippine
28      Health    Insurance    Corporation    (PhilHealth),    Department    of    Information    and
29      Communications  Technology  (DICT),  and  Department  of  Science  and  Technology


1       (DOST) shall  determine the regional and  local  implementation  structures and  create
2      divisions   or   units   as   it   may   deem   necessary,   and   shall   appoint   officers   and
3      employees  with  permanent  appointments  and  supported  with  an  adequate  yearly
4      budget in accordance with the civil service law, rules, and regulations.
5                   Setting  up  of the  regional  and  local  implementation  structures  shall  support
6      the organization and  integration Of lcraal  health systems into province-wide and city-
7      wide  health  system  in  accordance  with  R.A.  No.   11223,  otherwise  known  as  the
8      ``Universal Health care Act'' and other related issuances.
9                                                                 AFmcLE II
10                                             GOVERNANCE AN D ACCOUNTABIUTY
[1                  se:c. 8.  Creation of the eHealth poliey and coordination council. ~There s;helNul
12      be created an independent body to be known as the eHealth policy and coordination
13       Council  (eHPCC)  to  provide  and  promote  relevant  policies  and  guidelines  for  the
14      effective coordination and implementation of this Act. The council shall be composed
15       of the following key officials:
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a)        Secretary, Department of Health -Chairperson
b)        Secretary, Department of Information and communications Technology
- Co-Chairperson
c)          President   &   Chief   Executive   Officer,    Philippine    Health    Insurance
Corporation - Co-Chairperson
Members:
d)         Secretary,  National Economic Development Authority (NEDA)
e)         Secretary, Department of science and Technology (DOST);
f)         Secretary, Department of social welfare and Development (DSWD);
g)         Secretary, Department of Interior and Local Government (DILG);
h)         Secretary,  Department of Budget and Management (DBM);
i)           Chancellor, University of the philippines -Manila  (UPM);
j)          Chairman, Professional Regulation commission (PRC);
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k)         Chairperson, Commission on Higher Education (CHED);
I)           Chairperson, National  privaey commission (NPC);
in)        National statistician, Philippine statistics Authority (PSA);
n)         One (1) representative from the philippine Hospital Association (PHA);
o)         One  (1)  representative  from  the  Private  Hospital  Association  of  the
Philippines (PHApi);
p)         One  (1)  representative  from  the  provincial  Health  officers  Association
of the Philippines (PHOAP);
q)         One   (1)   representative   from   the   Association   of   Municipal   Health
Officers of the Philippines (AMHOP);
r)         Two (2) representatives from professional medical or health societies;
s)         One (1) representative from patients group; and
t)          One (1) representative from the IcT industry assCh=iations.
14                  The  heads of government agencies may be represented  by an  official  whose
15      rank  shall   not  be  lower  than  an  Assistant  Secretary  or  its  equivalent.   Members
16      representing the private sector shall be appointed by the president of the philippines
17      not later than thirty (30) days after the date of enactment of this Act and shall serve
18      for a term of three (3) years,  renewable upon  recommendation of the Council for a
19      maximum of two (2) consecutive terms.
20                   The  government ageney-members of the council  shall  have the  authority to
21      act upon and decide on all urgent matters pending the formation of the Council and
22      the  appointment  of  members  from  the  private  sector  by  the   President  of  the
23        Philippines.
24                  Sec.  9.  PoiMfrs aHd Ord.es crf ft€  Cow„cH/.  -The  Council  shall  exercise  the
25      following powers and functions:
a)   Define and promote overall eHealth  policies,  standards and  regulations
at all levels of healthcare system, public and private;


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b)   Ensure   integration   and   coordination   of   national   and   local   eHealth
strategies and initiatives; and
c)   Submit yearly assessments and accomplishment reports to the Senate
Committee     on     Health     and     Demography     and     the     House     of
Representatives Committee on  Health for performance monitoring  and
evaluation,
7                    Sfgc.  TfJ.  Creation  of  the  Sub-Structure  or  Mechanism.  -True C;ouridHn  s;heIV}
8      create  multi-sectoral  groups,  composed  of  both  the  private  and  public  sectors  to
9      ensure broader stakeholder participation and for the furtherance of its objectives.
10                   Setting  up  of the  sub-structures  or  mechanisms  shall  be  in  accordance  with
11       R.A.   No.   11223,  otherwise  known  as  the  ``Universal   Health  Care  Act"  and  other
12       related issuances.
13                                                                      ARTICLE III
14                                           STANDARDS AND INTEiropEIIABILITy
15                  Sec.11.  #ea/Zi4 Sactz7r fwfefipri?g Anch/fectune. -The NeHS shall be operated
16      within a health sector enterprise architecture that aligns and ensures that health and
17      health-related  data  are  made  available  and  accessible  anytime  and  anywhere  to
18      various stakeholders,  business processes for health  are streamlined  and  integrated,
19      and  services and applications are  usable,  safe,  efficient and  effective,  following  the
20      health  care business model  provided under R.A.  No.  11223, otherwise known as the
21      ``Universal Health care Act" and other related issuances.
22                   Rationalization  for  safety  and  cost  effectiveness,  scope  and  standards  for
23      design  and  use  of  technologies  in  the  health  sector  shall  also  be  defined  in  this
24      architecture.
25                   All   health   care   providers  and   health-related   entities  shall   adopt  a   health
26      enterprise architecture as defined and guided by the council.
27                   Sec.12.  5rawdBrid5 Coy7]f]/y-a#ci€. -All health care providers and  health-related
28      entities  shall  comply  with  the  data  standards  to  allow  interoperability  and  health


1       information   exchange,   and   ensure  data   protection   in   accordance  with   R.A.   No.
2       10173,  otherwise  known  as  the  ``Data  Privaey  Act"  and  other  related   laws  and
3       issua nces.
4                   These   standards   shall   include,   inter   alia,   patient   identifier,   health   care
5       provider   identifiers,    terminology   and    messaging    standards,    and    shall    be    in
6      accordance with the philippine eGovernment interoperability framework security and
7      other relevant standards.
AFuncLE IV
SERVICES AND APPLICATIONS
ro                   Sfgc.  r3.   Rationalization   Of  eHealth   Services   and   Applications.  -  Des;Nf|n,
11       development, and implementation of eHealth services and applications shall focus on
12      the  automation  and  interoperability  of  the  various  mandatory  business  processes
13      and  data  services  in  the  health  sector  as  laid  out  in  the  Health  Sector  Enterprise
14      Architecture and which may be subjected to health technology assessment and shall
15      comply with regulatory requirements.
16                  Sec.14.  LSLape of e#ea/H4 S€rv/ces a„d A4f]/y.cat+oms, -eHealth shall  include
17      the following areas:
18                   a)         Mandatory eHealth Data services:
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1)         Master person Index
2)         Master provider (Human Resources) Index
3)         Master Facilrty Index
4)         Terminology or Health services Registry
5)         National Immunization Registry
Compliant eHealth  Services  and Applications,  including  but  not limited
to:
1)         Electronic Health Record and Electronic Medical  Record
2)         eLaboratory and eprescription


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3)         Health passport
4)         Health Data/Information Exchange
5)         Health Facility operations and  Management
6)         Disease Registries
7)         TeleHealthITeleMedicine and mHealth
8)         Human Resources in eHealth
9)         Supply chain Management
10)        Enterprise Resource planning
ARTICLE V
TELEHEALTH
LI                  Sifi:£. T5.  Regulations  of TeleHealth  Services  and  eHealth  Related  Devices. -
12      The Council,  through the  DOH,  shall  establish  and  maintain a  regulatory system  for
13      telehealth services and eHealth-related devices.
L4                  se:I.  T6.  Standards  of  Pract.Ice  and  Certification  cif  Individuals  and  Entities
15      P7]oi+izJk77g   re/£#€a/H4  Serv/ces.   -  To   complement  the   regulations   of  telehealth
16      services  and  eHealth-related  devices,  the  Professional  Regulation  Commission  and
17       DOH,   in   consultation   with,   PhilHealth,   UPM-National   TeleHealth   Center,   DICT,
18      academia,   medical   and   specialty   societies,   non-government   organizations,   the
19      private  and  business  sectors,  shall  set  the  standards  of  practice  and  implement  a
20      certification   mechanism   for   health   care   providers   and    health-related   entities
21       providing telehealth services.
22                                                                        ARTICLE VI
23                                                                  HUMAN RESOURCES
24                  Sec.17.  #"ma„ Aeso#nce /n ef/eawlth. -The human  resource for eHealth are
25       health  care  professionals  who  shall  plan,  design,  build,  operate,  use,  maintain  and
26      support the eHealth services and applications.
27                    The DOH,  PRC,  CHED,  DICT, and Technical  Education and skills  Development
28      Authority    ITESDA),    in    consultation    with    medical    and    specialty   societies,    IT
29      professional  associations,  and  academia,  shall  establish  the  minimum  competencies
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1       and  impose the same on  health,  health-related and digital  health  professionals. This
2      shall be part of the curriculum of health and health-related courses.
3                  seic. r8.  Human  Resource  for eHealth  Development  Plan. -Thie r}OH, PPJC.,
4      CHED,  and  TESDA  shall  formulate  the  Human  Resource  for  eHealth  Development
5       Plan   which   shall   develop   new  curricula,   integrate   changes   in   existing   curricula,
6      create   formal   and   non-formal   training   programs,   and   continuing   professional
7      development  programs  concerning  the  pradice  of  eHealth.  There  shall  also   be
8      creation   of  personnel   services   items,   plantilla   positions,   and   other  employment
9      opportunities   for   human   resources   in   government   hospitals   and   institutions   to
10      manage and enable eHealth in healthcare and related services.
11                                                                        ARTICLE VII
12                                                                  IN FRASTRUCTURE
13                   Sec.19.   fic7-/nr7a5f7]wctz/ne,      -The   DICT,   in   coordination   with   DOH,
14       PhilHealth,   and   DOST,   shall   establish   and   maintain   the   necessary   national   ICT
15      infrastructure to implement eHealth services and applications.
16                   Sec.  20.  A/Bf7-and/ #ga/th OB+a C€nfer.  -The  PhilHealth,  in  coordination  with
17      the  DOH,  DICT  and  DOST,  shall  establish  and  maintain  the  national  ehealth  data
18      center,  and  implement an  agile and sustainable data  management and governance
19      framework  and  system   in  support  to   R.A.   No.   11223,   otherwise   known   as  the
20      ``Universal   Health  Care  Act,"  and   in  compliance  with   R.A.   No.   10173,  otherwise
21       known as the ``Data privacy Act of 2012" for data protection.
22                                                                   ARTICLE VIII
23                                                      STRATEGY AND INVESTMENT
2!4                  Srfx. 21.  National eHealth Strategic Framework and  Plan. -The C;ryunal sh;hHNul
25      spearhead the development and monitoring of strategic framework and plan to serve
26      and guide the operations of a national eHealth system.
2:]                   Srf3i£. 2:2.  Financing the eHealth strategic Framework and plan. -FheirvdrB for
28      the  national  eHealth  system  by  DOH,  PhilHealth  and  other  partners,  as  defined  by
29      the  Council,  shall  be  made  available  to  scale  up  eHealth  implementation  at  the
30       national level.
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1                   Sec.   23.   Py7.rafg  SGcfor  Pzarf/cxPBf/oo.   -  The   DOH   shall   promulgate   rules
2      regarding the participation of the private sector in the provision of eHealth services,
3       applications,  and  ICT infrastructure,  including  public-private  partnerships,  and  other
4      suitable arrangements.
5                                                                          ARTICLE EL
6                                                  MONITORING AND COMPLIANCE
7                  Sec. 24. „onAZJr/ng a»d comf]/Mince. -The council shall measure and monitor
8      the performance and progress of the implementation of this Act.
9                                                                           ARTICLE X
10                                                      RESEARCH AND DEVELOPMENT
11                   Sec.   25.   Aeseanc]4  and  Oera/t2pme„f.   -  Consistent  with   R.A.   No.   10532
12      otherwise  known  as the "Philippine  National  Health  Research  System  Act of  2013,''
13      and  the  mandate  of the  DOST,  the  DOST -  Philippine Council for  Health  Research
14       and   Development  (DOST-PCHRD),   in  consultation  with   DOH,   PRC,   CHED,   DICT,
15       PhilHealth,  UPM  -  National  TeleHealth  Center,  academia,  regional  health  research
16      consortia,  medical and specialty societies, non-government organizations, the private
17      and   business   sectors,   shall   ensure   the   development  of  new   eHealth   services,
18      applications and innovations through:
19                   a)         Formulation   of  eHealth   research   priority  areas   under  the   National
20                                 Unified    Health    Research    Agenda    (NUHRA),    and    other    research
21                                 agendas;
22                   b)         Funding  and  mobilizing  resources for researches on eHealth,  including
23                                 creation  of formal  and  non-formal  capability  building  programs for the
24                               development of a  pool  of eHealth  researchers  and  innovators,  which
25                               are aligned with the research agenda;
26                   c)         Establishment  and  strengthening  of  centers  of  excellence  of  eHealth
27                                poliey studies, research and development; and
28                   d)         Establishment and  adherence  of mechanisms that strengthen  eHealth
29                               innovation  research and strategy to the health technology assessment
30                                process  as  provided  under  R.A.  No.11223,  otherwise  known  as  the
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1                                "Universal  Health care Act,'' and that integrate explicit use of evidence
2                                 into   the   policy   and   decision-making   process   and   national   eHealth
3                               standards, and support the growth of research consortia on eHealth.
4                   A  separate  unit  within  the  PCHRD  shall  handle  and  manage  eHealth  related
5      activities  and  programs.  The  human  resource  requirement  of  such  a  unit  shall  be
6      determined by PCHRD in consultation with DOH, Csc and DBM.
7                  Se!c.  2J6.   Funding   Source   for   Research   and   Development.  -  The  DOH,
8       PhilHealth,   DOST,   DICT,   CHED,   and   DILG   shall   allocate   at   least   1%   of   their
9      respective  annual  regular budget in  support of eHealth  research  and  development.
10      Other government agencies,  state  universities and colleges (SUCs),  private entities,
11      and  non-government organizations are  encouraged  to  provide financial  support for
12      eHealth research and development.
ARTICLE XI
ADMINISTRATIVE PENALTIES
T5                  Sirfgc. 2].  Rules and procedures for Administrative violations and complaints. -
16      The   Council   shall   promulgate   rules   and   procedures   relating   to   administrative
17      violations and complaints,  insofar as they relate to the establishment and operations
18      of the national eHealth system.
19                                                                       ARTICLE XII
20                                                                           MISCELLAN EOUS PROVISIONS
21                    Sec.  28.   77aA5/fz2ry P7ioy%i/on5,  -  The  transformation  Of  KMITS  into  a  full-
22      fledged  Bureau  and  the  formulation  of the  internal  organic  structure  and  regional
23      and  local  implementation  structures,  staffing  pattern,  operating  system,  and  the
24      revised   budget   of  the   Department   for   health   information   technology   shall   be
25      completed within six (6) months from the effectivity of the lmplementing  Rules and
26       Regulations  (IRR)  of this  Act,  during  which  time,  the  existing  KMITS  and  regional
27      and  local  implementation  personnel  shall  continue  to  serve  in  holdover  capacities
28      until   a   full   and   permanent   Bureau   is   constituted   and   functioning,   and   new
29      appointments are issued.
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1                   Sec.  29.  i44fJnoprxbf/o„s, -The amount  needed  for the  initial  implementation
2      of this Act shall be taken from the current fiscal year's appropriation of the DOH for
3       health information technology.
4                   For the succeeding years, the amount needed for eHealth in the DOH  budget
5      and in the budget of other agencies with specific mandates provided in this Act shall
6      be based on the strategic plan formulated by the Council,  in coordination with other
7      stakeholders.  The  amount  shall  be  included  in  the  National  Expenditure  Program
8       (NEB) as basis for the General Appropriations Bill (GAB).
9                   Further, other sources of funds can come from the private sector participation
10       Program,  Joint  DOH-PhilHealth-DICT-DOST  undertakings  on  eHealth,  and  Medium-
ll      Term    Information    and    Communications    Technology    Harmonization    Initiative
12       (MITHI).
T3                  sei£. 3;rJ.  Implementing  Rules  and  Regulations. -V"him cine rNlndTed algirrty
14      days  (180)  days  from  the  effectivity  of  this  Act,  the  Secretary  of  DOH,   after
15      consultation   with   the   Secretaries   of   DICT  and   DOST,   the   President  and   Chief
16       Executive   Officer   of   PhilHealth,   the   Chancellor   of   UPM,   the   Chairman   of   the
17       Professional    Regulation    Commission,    the   Chairperson    of   CHED,    the    National
18      Statistician of PSA, and representatives of medical and paramedical assor=iations and
19      societies,   and   other   stakeholders,   shall   promulgate   the   necessary   rules   and
20      regulations implementing the provisions of this Act.
21                   Sec.  31.  5apara4MTyfy C/a"5e,  -  If  any  part  or  provision  of  this  Act  is  held
22      invalid  or  unconstitutional,  the  remaining   parts  or  provisions  not  affected  shall
23       remain  in full forceand effect.
24                   Sec.  32.  Atip€8/y.ng Cya"5e, -All general and special  laws, decrees,  executive
25      orders,  proclamations and  administrative regulation,  or any  paris thereof which  are
26      inconsistent with this Act are hereby repealed, amended and modified accordingly.
27                   Sec.  33.  fiJract7.r+fy,  -  This  Act  shall  take  effect  fifteen  (15)  days  after  its
28      publication in the official Gazette or in any newspaper of general circulation.
Approved,
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