NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
SENATE
s. No. 1569
Senate
of tijr €^1'! elnr;)
*22 NOV 29 P5:16
RECEiVbDBV^"--^
Introduced by SENATOR RAMON BONG REVILLA, JR.
AN ACT
ESTABLISHING THE PHILIPPINE eHEALTH SYSTEM IN THE DELIVERY OF 
HEALTH SERVICES WITH THE USE OF INFORMATION AND 
COMMUNICATIONS TECHNOLOGY IN THE PHILIPPINES, AND 
APPROPRIATING FUNDS THEREFOR
EXPLANATORY NOTE
eHealth presents a great potential to transform healthcare delivery.
It takes an average of 39 minutes for Filipinos to arrive at a local health facility. 
According to the Department of Health (DOH) approximately 70% of the population 
living in rural areas are struggling with no or minimal access to inpatient and outpatient 
care services, this is because only 13% of healthcare providers and 40% of tertiary 
hospitals are located in non-urban areas.
This bill aims to utilize information and communication technology or ICT for 
health or eHealth in order to improve access and delivery of healthcare services 
particularly in the underserved areas. Through the use of ICT, eHealth enables 
diagnosis, consultation, treatment, education, care management, and self­
management of patients even at a distance from healthcare providers. eHealth seeks 
to address current disparities in service care delivery, improve the flow of health 
information and help achieve the Universal Health Care standard for a more responsive 
healthcare system.
The proposed measure aims to institutionalize and regulate a coherent National 
eHealth System in a strategic framework in order to streamline issues including but 
not limited to provision, access, patient rights, data security and information 
exchange.
This measure recognizes that a complementary effort to improve the national 
interconnectivity is needed to fully achieve its objectives.
At the core of these challenges, eHealth acts as a tool to bridge a country with 
geographic and social challenges to health care.
In view of establishing timely, reliable, accurate and complete health 
information, immediate passage of this bill is earnestly sought.
RAMON
VILLA, JR. (


• ’• \
NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
‘22 NOV 29 P5:J5
SENATE
Introduced by SENATOR RAMON BONG REVILLA, JR.
AN ACT
ESTABLISHING THE PHILIPPINE eHEALTH SYSTEM IN THE DELIVERY OF 
HEALTH SERVICES WITH THE USE OF INFORMATION AND 
COMMUNICATIONS TECHNOLOGY IN THE PHILIPPINES, AND 
APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
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Chapter I
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GENERAL PROVISIONS
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Section 1. Short Tide. - This Act shall be known as the "Philippine eHealth
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Systems and Services Act of2022."
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Sec. 2. Declaration of Policy. - The State shall protect and promote the right to
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health of the people and instill health consciousness among them. Hence, it is the
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intent of the Legislature to institutionalize a system of providing wide access and
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quality healthcare services through electronic means using Information and
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Communication Technologies (ICT) or eHealth resulting in improved health outcomes
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for every Filipino, and engaging the participation of the private sector in the
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implementation of eHealth services.
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Sec. 3. Objectives. - The eHealth Act shall provide a policy framework and
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establish a National eHealth System that will direct and regulate the practice of eHealth
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in the Philippines. The Philippine eHealth Systems and Services shall be
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comprehensive, integrative, sustainable, measurable, synchronized, interoperable,
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progressive and based on best practices. It shall facilitate inter-agency and inter-
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sectoral coordination at various levels of governance covering both the public and
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private sectors. It shall recognize eHealth as equal with other healthcare delivery


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methods to the extent allowable by existing laws, provide and support healthcare 
delivery, including diagnosis, consultation, treatment, transfer of care of patient, 
exchange of health data and education, especially in medically unserved and 
underserved, geographically isolated and disadvantaged areas (GIDAs):
a. Utilize Information and Communication Technology (ICT) to deliver health 
services which has the potential to be profitable, improve quality, change the 
conditions of practice, and improve access to healthcare, particularly in rural 
and other medically underserved areas;
b. Develop infrastructure for ICT for health to promote equitable, affordable, and 
universal access to health services;
c. Set policies and standards, and establish regulations regarding the field of 
eHealth;
d. Designate national and regional centers and networks of excellence for eHealth 
best practices, policy coordination, and technical support for healthcare 
delivery;
e. Facilitate the exchange and access to secured personal health information, 
including healthcare providers sharing and use of health and medical 
information to improve care as well as public access to relevant information for 
the promotion of their own personal health;
f. 
Ensure harmonization, integration, alignment, and interoperability among 
various eHealth initiatives, programs and projects across the country and in 
accordance with the national agenda and priorities, and international eHealth 
practices, directions and standards; and
g. Facilitate inter-agency and inter-sectoral coordination at various levels of 
governance covering both public and private sectors.
Sec. 4. Definition of Terms. - As used in this Act:
a. Eiectronic heaith or eHealth refers to the use of cost-effective and secure 
information communications technology for health;
b. Electronic Medical Records refer to the medical background and history of a 
medical service provider's patient and such other information to be designed 
and developed by the Record Center. It shall be presented in a standard 
electronic format;


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c. eHealth Practitioner refers to any healthcare provider from public or private 
sector;
d. ehieaith Systems refers to an organized and structured application of eHealth, 
integrated in the regular workflow of healthcare facilities;
e. Geographicaiiy Isoiated and Disadvantaged Areas (GIDAs) refer to communities 
with marginalized populations and socio-economically separated from the 
mainstream society and characterized by:
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Physical factors such as those isolated due to distance, weather 
conditions and transportation difficulties (island, upland, lowland, 
landlocked, hard to reach and unserved or underserved communities); 
and
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Socio-economic factors such as high poverty incidence, presence of 
vulnerable sectors, communities in or recovering from situations of crisis 
or armed conflict;
f. Heaith Center refers to an organized and structured application of eHealth, 
integrated in the regular workflow of healthcare facilities;
g. Information and Communication Technoiogy (ICT) refers to the totality of 
electronic means to access, create, collect, store, process, receive, transmit, 
present, and disseminate information;
h. Licensabie Heaithcare Professionais refer to healthcare professionals applying 
for license to practice telehealth services;
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Live Video refers to the two-way interaction between a person (patient, 
caregiver, or provider) and a provider using audiovisual telecommunications 
technology. This type of service is also referred to as reai-time and may serve 
as a substitute for an in-person encounter when it is not available;
j. Medicai Service Providers refers to all medical practitioners, hospitals, clinics, 
centers and other similar institutions that provide medical care service and 
assistance;
k. Mobiie Heaith refers to the health care and public health practice and education 
supported by mobile communication devices such as cell phones, tablet 
computers, and personal digital assistants (PDAs). Applications can range from


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targeted text messages that promote healthy behavior to wide-scale alerts
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about disease outbreaks;
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I. Originating Site refers to the site where the patient is located at the time of
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provision of healthcare services through telecommunication systems;
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m. Records Center refers to the Electronic Medical Records Center created under
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this Act;
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n. Remote Patient Monitoring refers to the personal health and medical data
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collection from an individual in one location via electronic communication
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technologies, which is transmitted to a provider (sometimes via data-processing
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service) in a different location for use in care and related support. This type of
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service allows a provider to continue to track healthcare data for a patient once
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released to a home or a care facility, reducing readmission rates.
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0. Secure Socket Layer or SSL refers to the technology which negotiates and
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employs the essential function of mutual authentication, data encryption and
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data integrity for secure transactions. The SSL security protocol provides data
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encryption, server authentication, message integrity, client authentication for a
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transmission control protocol (TCPO or IP connection);
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p. Store-and-forwardrefers to the transmission of recorded health history through
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a secure electronic communications system to a practitioner, usually a
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specialist, who uses the information to evaluate the case or render a service
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outside of a real-time or live interaction. This service provides access to data
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after it has been collected and involves communication tools such as secure
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email;
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q. TeleHealth refers to the delivery of health-related services and information via
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telecommunication technology which encompasses preventive, promotive,
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curative, and palliative aspects. It is also a collection of means or methods of
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enhancing health care, public health, and health education delivery and support
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in the field of dentistry, counselling, physical and occupational therapy, home
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health, chronic disease monitoring and management, and other related health
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fields using telecommunications technologies that perform live video, store-
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and-forward, remote patient monitoring and mobile health;


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r. TeleHealth Center refers to an office located within a hospital designated for
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the purpose of conducting teleHealth services and is equipped with the
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necessary tools and manpower;
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s. Telemedicine refers to the use of telecommunication technology to provide
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healthcare services from a distance which focuses more on the preventive and
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curative or treatment aspect; and
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t. 128-bit Encryption refers to the encrypted transaction that secures confidential
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data or contents of a message wherein the original information can be
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recovered through the use of a corresponding decryption process.
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Sec. 5. Scope. - This Act covers all existing eHealth practitioners, institutions, entities,
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services and related applications in both public and private sectors. It shall not alter
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the scope of practice of any healthcare provider or authorize delivery of health care
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services in any manner not authorized by law. It shall cover all eHealth solutions and
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services including relevant standard equipment in the field of health and ancillary
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services that uses ICT and are complementary to existing minimum modalities or
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standards of healthcare and other access to information.
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Chapter II
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eHEALTH SERVICES AND SOLUTIONS
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Sec. 6. Services and Application. - The National eHealth System shall provide
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tangible means for enabling services and systems including access to, exchange and
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management information and content for the general public, patients, providers,
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insurance, and others which may be supplied by government or private businesses.
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Sec. 7. Scope of eHealth Services and Solutions. -
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a. Health informatics refers to interdisciplinary study of the design, development,
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adoption, and application of IT-based innovations in healthcare services
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delivery, management, and planning;
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b. TeleHealth refers to the delivery of health-related services and information via
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telecommunication technology which encompasses preventive, promotive,
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curative, and palliative aspects;


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c. Telemedicine refers to the use of telecommunication technology to provide
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healthcare services from a distance, focuses more on the curative or treatment
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aspect;
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d. Electronic learning or e-ieaming refers to learning utilizing electronic
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technologies to access educational curriculum outside of a tradition classroom;
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e. Electronic Medical Record or Electronic Health Record refers to software
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systems which contains encoded form of documentation of patient's health
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information;
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f. Electronic prescription or e-prescription refers to an electronic generation of a
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physician's prescription, transmission and filling of medical prescription;
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g. Virtual healthcare teams refer to medical and public health professionals who
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collaborate and share information on patients with digital equipment;
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h. Mobile health ormHeaith refers to medical and public health practice supported
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by mobile devices such as mobile phones, patient monitoring devices, personai
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digital assistants (PDAs), and other wireless 
devices;
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i. Social media for eHeaith refers to the opportunities for the healthcare industry
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to engage with patients and healthcare professionals through online
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communications channels dedicated to community-based input, interaction,
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content-sharing and collaboration;
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j. Health Information Exchange refers to the solution which enables data sharing
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and exchange between healthcare providers and facilities and support access
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to the patient's record across providers in many geographic areas of the
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country;
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k. Knowledge Management System refers to any kind of IT system that stores and
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retrieves information, improves cooperation and collaboration, locates
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knowledge sources, manage repositories, and enhance knowledge
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management; and
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I. Patient Self-Education about Healthcare refers to the patient's use of the
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internet through personal computers or mobile devices to research on medical
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and pharmacological information, treatment options, or search for healthcare
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facilities available in their area.


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Sec. 8. Telehealth and Telemedicine Services. - TeleHealth is an approach of
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providing healthcare services and public health with the use of ICT to enable
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the diagnosis, consultation, treatment, education, care management, and self-
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management of patients at a distance from health providers. However, it shall
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not be understood to modify the scope of medical practice or any healthcare
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provider or authorized delivery of healthcare services in a setting or manner
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not otherwise authorized by the law.
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Sec. 9. Electronic Medical or Health Record (EMR or EHR). - All data in the EMR
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or EHR shall be considered protected health data and shall be governed by
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established rules for access, authentications, storage and auditing, and
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transmittal.
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a. Disclosure. - Disclosure of and accessibility to protected data in the EMR
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or EHR shall be limited and standardized following international and local
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rules and regulations. Patients may secure a copy of their EMR or EHR
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upon request and shall provide informed consent if their EMR or EHR is
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shared with third parties except when these are processed for the
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production of aggregate health statistics, for social health insurance
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claims based on established guideiines, for public health emergency
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concerns and national security. The data of the EMR or EHR shali be
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encrypted and any unauthorized access of the EMR or EHR shail be
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punishable under Republic Act No. 10173 or the Data Privacy Act.
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b. Covered Entitles. - Covered entities may disclose protected health
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information to law enforcement officials performing their official duties
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and responsibilities as required by existing nationai and locai laws and
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with proper order from duly concerned bodies.
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Sec. 10. Electronic Medical Record Facilities Creadon, Maintenance and
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Uploading. - Aii provisions of existing laws to the contrary notwithstanding medical
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service providers shall create and maintain electronic medical records which shall be
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electronically uploaded on a regular basis. The medical service providers shall likewise
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maintain hard copies of the eiectronic records to be printed and stored as backup
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records. All concerned medical service providers may eiect to keep their own existing
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format in addition to the new electronic record and its back-up for purposes of their


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own use in providing hard copies to patient: Provided\\cme\jer, that backup copies of
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electronic records shall, at all times, be included when providing hard copies to the
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requesting patients. The electronic medical records facilities aside from the keeping of
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records, shall likewise provide for an electronic facility where patients and medical
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service providers can communicate online either in real time or offline. The EMR may
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also be integrated with civil registries to facilitate recording of vital information.
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Sec. 11. Electronic Medical Records Center. - There shall be created an
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Electronic Medical Records Center to be placed under the Office of the Secretary of
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the Department of Health. The Center shall serve as a hub of all databases of medical
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records and other pertinent information to the patient's medical history. The records
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center shall generate specialized software to be distributed and used as the standard
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platform for the maintenance, updating, and making available electronic Medical
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Records. The Center shall enforce strict compliance with uploading and updating of
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electronic medical records as provided for in this Act.
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Sec. 12. Security Features of Electronic Medical Records. - In order to ensure
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the privacy of all medical records, electronic communications and transactions shall
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use existing 128-bit encryption or higher forms of Secure Socket Layer (SSL)
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technology which may be devised in the future. The security features of the electronic
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medical records shall likewise comply with the security provisions as provided in
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Republic Act No. 8792 or the Electronic Commerce Law of2000.
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Sec. 13. Creation of EMR or EHR. - EMR or EHR can be created by the following
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professionals if it is necessary for the medical care of the patients:
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1. Doctors;
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2. Dentists;
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3. Pharmacists, pharmacy assistants, pharmacy engineers;
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4. Psychotherapist;
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5. Nurses; and
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6. Other allied health professionals
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Hospital assistants in preparation for their assisting occupation, insofar as this
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is permissibly required for their occupational tasks and their access are being carried
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under the supervision of the aforementioned persons. EMR software should be
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standardized and should have certification by the DOH.


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Sec. 14. Standards of Care. - The standards of care to be provided shall be
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based on established clinical or service guidelines and services given must be the same
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regardless of whether a healthcare provider provides healthcare services given must
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be the same regardless of whether a healthcare provider provides healthcare services
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in person or electronically. The attending physician shall be primarily accountable for
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the healthcare delivery of eHealth systems and services. eHeaith shall not replace
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health care providers providing services in person or relegate them to less important
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roles in the delivery of healthcare. The fundamental healthcare provider-patient
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relationship is not only to be preserved but also augmented and enhanced.
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Chapter III
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eHEALTH SYSTEM COMPONENTS
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Sec. 15. The eHealth Components. - The following components are the building
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blocks that shall be put in place to realize the National eHealth Vision and allow the
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eHealth outcomes to be achieved:
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a. Leadership and Governance - Directs and coordinates eHealth activities at all
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levels like hospitals and health care providers. Critical areas of governance are
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management of the eHealth agenda, stakeholders' engagement, strategic
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architecture, clinical safety, management and operation, monitoring and
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evaluation, and policy oversight.
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b. eHealth Services or Solutions - Required service and applications to enable
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widespread access to health care services, health information, health reports,
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health care activities, and securely share and exchange patient's information in
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support of health system goals. These address the needs of the various
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stakeholders like individuals, health care providers, managers, officials, and
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others.
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c. Standards and Interoperability - Defines standards of eHealth systems and
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services, and promotes and enables exchange of health information across
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geographical and health sector boundaries through use of common standards
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on data structure, terminologies, and messaging. The implementation of
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software certification or accreditation were eHealth data standards for
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interoperability.


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d. Policy and Compliance - Formulation of the required policies, guidelines and
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compliance mechanisms to support the attainment 
of the quality and
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acceptable eHealth systems and services.
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e. Infrastructure - Establishes and supports the ICT and medical base to enable
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provision of eHealth services and health information exchange to enable
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sharing of health information across geographical and health sector boundaries
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and implementation of innovative ways to deliver 
health services and
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information.
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f. Human Resources - Workforce or professionals that develop, operate and
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sustain the eHealth Systems and Services. These components support the
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development of strategies and plans to serve as guide in the implementation
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of the eHealth agenda. Investment refers to the funding or amount needed for
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executing the plans and strategies.
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Chapter IV
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LEADERSHIP AND GOVERNANCE
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Sec. 16. Lead Agency. -The Department of Health (DOH) shall be the lead
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agency in implementing this Act. For the purpose of achieving the objectives of the
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Act, the DOH shall:
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a. Establish an inter-agency and multi-sectoral National eHealth Steering
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Committee;
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b. Spearhead the establishment of a National eHealth System and Service;
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c. Coordinate with the Department of Science and Technology (DOST), the
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Department of Information and Communication Technology Office (DICT), the
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Philippine Council for Health Research and Development (PCHARD), Philippine
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Health Insurance Corporation (PhilHealth), University of the Philippines -
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National TeleHealth Center (UPM-NTHC), Medical and Paramedical Specialty
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Societies, Boards and Associations, Professional regulation Commission (PRC)
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and various health services providers and facilities including the academe,
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patient groups and other stakeholders;
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d. Create or identify an Office to coordinate the development and implementation
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of a National eHealth System and Services among agencies concerned and
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provide direction and guidance to all DOH offices and attached agencies
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including the local government units and the private sector; and
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e. The TeleHealth Centers shall be under the supervision of the Department of
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Health.
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Sec. 17. National eHealth Steering Committee. - To ensure the implementation
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of this Act and to serve as an executive body of the Philippine eHealth System and
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Services (PNeHSS), the National eHealth Steering Committee shall be created and
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made an integral part of the DOH. It shall also provide policy oversight and ensure
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that its implementation is consistent with laws such as Republic Act No. 8792 or the
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Philippine E-Commerce Law, Republic Act No. 10173 or the Data Privacy Act of 2012,
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and other commitments to the international health community. The National eHealth
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Steering Committee can also provide strategic directions to the health sector towards
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the integration of the Philippine services in view of the ASEAN integration. The
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Secretary of Health shall act as Chairperson.
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The following shall serve as members:
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a. Secretary, Department of Science and Technology;
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b. Secretary, Department of Information and Communication Technology;
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c. Secretary, Department of Social Welfare and Development;
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d. Secretary. Department of Interior and Local Government;
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e. President and Chief Executive Officer, Philippine Health Insurance Corporation;
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f. Commissioner, Professional Regulatory Commission;
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g. Commissioner, Commission on Higher Education;
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h. Commissioner, National Privacy Commission;
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i. Commissioner, National Anti-Poverty Commission;
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j. President, Philippine Hospital Association;
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k. President, Philippine Medical Association;
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I. A representative from the Association of Municipal Health Officers/PHO/CHO;
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and members of the Committee shall be appointed by the President 
of the
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Philippines and shall serve for three (3) years of a maximum 
of two 
(2)
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consecutive terms, unless recalled, replaced, or resigned from office.
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The Committee shall exercise the following functions:
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a. Establish eHealth policies, standards, regulations, and ethical frameworks
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pertinent to use, practice and provision of Health services;
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b. Direct and coordinate the eHealth System and Services at the national level and
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ensure alignment of the system and services with the overall health goals of
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the government;
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c. Spearhead the activities that promote eHealth awareness and engages the
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participation of stakeholders;
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d. Formulate responsive plans and strategies for the development of the national
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eHealth environment in coordination with major stakeholders and affected
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sectors;
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e. Set and develop policies and programs for the advancement of eHealth, and
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impose necessary regulatory mechanisms including penalties upon hearing and
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deciding cases;
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f. Create a technical working group, committees, and expert group to assist in
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the development of eHealth projects;
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g. Create or identify the TeleHealth Licensing and Regulatory mechanisms and
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body to implement the provisions of this Act;
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h. Submit yearly assessments to the Senate Committee on Health and
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Demography and the House of Representatives Committee on Health; and
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i. Convene at least twice a year.
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ARTICLE V
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STANDARDS AND INTEROPERABILITY
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Sec. 18. Standards. - Standards shall be introduced and imposed to facilitate
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interoperability among systems and devices, provide unqualified privacy and security
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and to address the unique needs. This must be complied with by various providers,
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centers, and system developers to enable consistency and services. The appropriate
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Committee as may be mandated in this Act shall define and regularly update, and
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impose standards for inoperability among various eHealth systems and services and
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ensure wide dissemination for easy access of all concerned. eHealth systems and
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services can potentially transform healthcare through mobile health delivery,
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personalized medicine, and social media eHealth applications. Reaching the potential
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for advancements in eHealth shall only be achieved through information and
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communication technology standards efforts that facilitate interoperability among
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systems and devices of the developing world, and leverage existing ubiquitous
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technologies such as social media applications and mobile devices.
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Sec. 19. Interoperability Framework. - The eHealth interoperability shall be
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defined and must be in consonance with DOH national eGovernment interoperability
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framework and established internal standards.
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Sec. 20. Secure Health Information Exchange (HIE). -The DOH, DOST, DICT,
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and PhilHealth shall establish a secured health information exchange using a common
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trust framework and a common set of rules which serves as the foundation of
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electronic information exchange across geographical and health-sector boundaries.
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The HIE includes the physical infrastructure, standards, core services, and applications
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that will strengthen the national eHealth environment.
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Sec. 21. Establishment and Accreditation of eHealth Centers and eHealth
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Practitioners. - The Act shall ensure that TeleHealth Centers are strategically organized
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across the country within three (3) years upon effectivity of this Act to ensure the
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TeleHealth practitioners are sufficiently equipped with skills for the ethical and safe
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practice of TeleHealth such as the necessary audiovisual communications technology
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that will enable each TeleHealth center to communicate with each other in real time,
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regional TeleHealth Centers shall be established. No TeleHealth Center shall be
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allowed to operate unless it has been duly accredited based on standards set forth by
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the DOH. The Department of Health shall be the lead agency for the accreditation for
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the facilities as TeleHealth Centers, whereas the Professional Regulations Commission
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shall be the lead agency for the accreditation of the TeleHealth Practitioners in
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coordination with the National eHealth Steering Committee. TeleHealth Practitioner
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shall be accredited by PhilHealth for reimbursement purposes. A TeleHealth Center
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shall have the following minimum requirements;
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a. Equipped with the needed ICT applications suitable for teleHealth in the country
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such as computers, internet connections, and communication lines;
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b. Supervised and staffed by trained personnel such as doctors, nurses, primary
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health care workers, and clinical specialists;
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c. Construction of facilities for the delivery of telemedicine services sites;
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d. Provision of transportation and other courier services for the delivery of
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medicines and other services; and
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e. Undergo periodic unannounced inspection by the DOH in order to evaluate and
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ensure quality teleHealth center performance.
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These TeleHealth Centers shall be established for the purpose being primarily to give
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access to virtual medical care to as many people as possible. Their objectives shall be:
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a. To provide people in rural and far-flung areas with no adequate access to
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specialized medical care with a virtual access at no cost to them where
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warranted; and
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b. To give these people easy access to fast and efficient treatment and diagnosis,
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especially the poor and indigent among them.
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Sec. 22. Public-Private Partnership of eHeaith Services. - The DOH is hereby
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mandated to promulgate rules regarding the participation of the private sector in the
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provision of eHeaith services and solutions, including public-private partnerships and
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other suitable arrangements, subject to the limitations provided by this act.
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Chapter V
18 
THE eHEALTH CENTER BOARD
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Sec. 23. eHeaith Center Board. - There is hereby created a governing board of
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the TeleHealth Center which shall hereafter be known as the eHeaith Center Board.
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The eHeaith Center Board shall be composed of ten (10) members with the Secretary
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of the Department of Health as the ex-officio Chairman, four (4) members, each from
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the Lung Center of the Philippines, National Kidney and Transplant Institute, Philippine
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Children's Medical Center, and the Philippine Heart Center and five (5) members from
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the Private sector. The members of the eHeaith Center Board shall be appointed by
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the president of the Philippines and shall receive no salary. They shall, however,
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receive a per diem of not exceeding two thousand pesos (P2,000.00) for every
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meeting of the Board actually attended: Provided, however, that the total amount of
29 
per diem for all meetings of the eHeaith Center Board in a single month shall not
30 
exceed ten thousand pesos (P10,000.00).
31 
Members of the eHeaith Center Board who are not officers of the Government
32 
shall serve for a term of four years which is renewable for another term. The Board
14


1 
Secretary shall be appointed by the Chairman from the ranking members of the
2 
hospital staff.
3 
Sec. 24. Powers and Duties of the eHealth Center Board. - The eHealth Center
4 
Board, as the governing and policy-making body of the eHealth centers, shall have
5 
such powers as are necessary to carry out the purpose and objectives stated in this
6 
Act, including the exercise of corporate powers. It shall perform the following functions
7 
and duties:
8 
a. To promulgate and prescribe the rules and regulations for the administration
9 
of the affairs of eHealth Centers;
10 
b. To study, purpose and approve plans for the improvement of eHealth Center
11 
Services;
12 
c. To propose, study and approve or, amend or revise the organizational structure
13 
of eHealth Centers, in order to meet the exigencies of the service, subject to
14 
existing laws and regulations on the matter and consonant with the principles
15 
of sound hospital administration;
16 
d. To consider and approve appointments and promotions of all staff personnel,
17 
medical and administrative, and other employees upon the recommendations
18 
of the eHealth Center Director;
19 
e. To investigate all cases of anomalies, negligence or misconduct of all eHealth
20 
Center personnel including the Director. It shall have the final authority to pass
21 
upon the removal, separation, and suspension of such personnel subject to Civil
22 
Services Rules and regulations;
23 
f. To make an integral audit once a year of the business operation of the eHealth
24 
Center;
25 
g. To receive in trust, legacies, gifts, land grants and donations of real and
26 
personal property of all kinds, free of tax, and to administer the same for the
27 
benefit of the hospital or a department of service thereof. Foreign and domestic
28 
donors legacies, gifts, grants and donations under this Section shall be exempt
29 
from any tax of any kind and nature to the extent of the full amount donated,
30 
provisions of existing laws to the contrary notwithstanding; and
31 
h. To consider and approve the budget prepared by the hospital administration
32 
for submission to the Congress of the Philippines through the Budget Secretary.
15


1 
Sec. 25. Meeting of the Board and Quorum. - The eHealth Center Board shall
2 
meet regularly once a month at the Department of Health on a regular date fixed for
3 
the purpose. Special meetings may be called as often as necessary. A majority of the
4 
members shall constitute a quorum. All decisions of the Board must be by a majority
5 
of the members present.
6 
Sec. 26. eHealth Center Director and Auditor. - There shall be an eHealth Center
7 
Director, elected by a majority vote of the eHealth Center Board: Provided\.hdt the
8 
recommendation is qualified under the Civil Service Act.
9 
The eHealth Center Director shall serve until otherwise incapacitated or
10 
removed for cause and shall receive an annual salary equivalent to that of Chief of
11 
Hospital IV under the Salary Plan of the Wage and Position Classification Office. One
12 
shall have charge of the hospital and shall have the powers in respect to the hospital
13 
as vested by the law in chiefs of hospitals. Specifically, the eHealth Center Director
14 
shall:
15 
a. Be responsible for the implementation of all policies, decisions and orders of
16 
the eHealth Center Board;
17 
b. Have immediate supervision and control over the affairs of the eHealth center
18 
Board;
19 
c. Prepare and submit to the eHealth Center Board periodic reports on the state
20 
of affairs, financial conditions, budgetary requirements and other problems of
21 
the hospital together with the corresponding recommendations thereon; and
22 
d. Perform such other duties as the eHealth Center Board may from time to time
23 
direct him to do, consonant with the dignity and responsibility of the office. The
24 
eHealth Center Board shall appoint an auditor who shall be the representative
25 
of the Auditor General who is hereby designated as ex-officio auditor of all
26 
eHealth Centers. The eHealth Center Auditor shall be the chief of its auditing
27 
and accounting department. One shall audit, examine and settle all accounts of
28 
the eHealth Centers, according to existing laws and regulations and shall
29 
perform such other duties as the Auditor General, the eHealth Center Director
30 
or the eHealth Center Board may require of one. One's compensation shall be
31 
fixed by the eHealth Center Board.
16


1 
Sec. 27. Heads of Departments and Services and Compensations. - The
2 
participating Heads of departments and services as well as medical consultants and
3 
specialists shail be appointed by the eHealth Center Board upon recommendation of
4 
the eHealth Center Director. Their compensation shall be prescribed by the eHealth
5 
Center Board but the same shall in no case be less than provided for under existing
6 
laws and regulations. All other personnel and employees of the eHealth Centers shall
7 
be appointed by the eHealth Center Director subject to the approval of the eHealth
8 
Center Board.
9
10 
Chapter VI
11 
INFRASTRUCTURE
12 
Sec. 28. ICT Infrastructure. -The required ICT infrastructure to implement
13 
eHealth System and Services shall conform to the national ICT infrastructure plan and
14 
standards.
15 
Sec. 29. Medical Devices and eHealth Solutions. - Software platform that
16 
connects existing or new medical devices and gateways shall be defined and regulated
17 
to ensure seamless data transfers based on established industry and national
18 
standards and standardization of EMR or EHR.
19 
Sec. 30. eHealth Centers Database. - All eHealth Centers and originating sites
20 
shall coordinate with DOH for consolidation of pertinent databases. DOH shall maintain
21 
and manage a national database for consultants on clinical cases as well as health and
22 
medical education exchanges.
23 
Sec. 31. National Health Database and Data Warehouse. - The DOH shall
24 
spearhead the maintenance and management of a secured and protected national
25 
health database and national health data warehouse or defined shared EMR or EHR
26 
and of consultations on clinical cases as well as health and medical education
27 
exchanges and other eHealth applications.
28
29 
Chapter VII
30 
HUMAN RESOURCES
31 
Sec. 32. Human Resources ICT Competencies. - Minimum ICT for eHealth
32 
competencies shall be established and imposed on medical and paramedical
17


1 
professionals practicing eHealth and be part of the medical and allied medical
2 
curricula.
3 
Sec. 33. Capability Building Plans and Policies. - Human resource plans and
4 
policies shall fully take into account in delivering eHealth and Telemedicine. The
5 
following are to be considered:
6 
a. Licensable healthcare professionals must have a valid Philippine license based
7 
on the requirement of the Professional regulations Commission (PRC);
8 
b. Appropriate policies concerning cases wherein a licensed eHealth practitioner
9 
in the Philippines who intends to provide eHealth services to a patient in
10 
another country should be in place;
11 
c. In any event, an eHealth Center should have policies and procedures to ensure
12 
that all relevant staff have the appropriate competencies to practice safer
13 
Health services; and
14 
d. eHealth Centers should regularly review human resource plans and policies
15 
related to eHealth and eMedicine.
16
17 
Chapter VIII
18 
STRATEGY AND INVESTMENT
19 
Sec. 34. eHealth Strategic Framework. - The DOH shall spearhead the
20 
development and monitoring of strategic framework and plans to serve to guide the
21 
implementation of eHealth Systems and Services.
22 
Sec. 35. Monitoring Evaluation System. - There shall be established a robust
23 
metric for the monitoring and evaluation for eHealth to access and analyze the impact
24 
of eHealth Systems and Services.
25 
Sec. 36. Appropriations. -The amount necessary to carry out the provisions of
26 
this Act shall be included in the General Appropriation of the year following its
27 
enactment into law.
28 
Sec. 37. TeieHeaith Center Trust Funds. - All funds and money not coming from
29 
the General Fund of the National Government such as contributions from taxes and
30 
assessments from authorized sweepstakes lotteries and games, donations, legacies,
31 
endowment shall be used and disbursed only upon the authorization of the TeieHeaith
32 
Center Board for the purpose of improving the TeieHeaith Centers, its facilities and
18


1 
services, including the purpose of improving the TeleHealth Centers, its facilities and
2 
services, including the purchase of supplies and equipment.
3 
Sec. 38. Financing eHeaith Services. - Financing for applicable eHealth services
4 
by PhilHealth and other partners, as defined by the National eHealth Steering
5 
Committee shall be made available.
6 
Sec. 39. Private Sector Participation. - The government shall encourage private
7 
sector investment on eHealth Systems and Services subject to existing laws and
8 
regulation through the appropriate government agencies and must be compliant to
9 
the established national eHealth systems and services and standards. Under the
10 
Private Sector Participation Program, the joint DOH-Philhealth-DOST, National Privacy
11 
Commission-Philippine Statistics Authority undertakings on eHealth shall be expanded
12 
to align with the Medium-Term Information and Communications Technology
13 
Harmonization Initiative (MITHI) efforts of Department of Budget and Management
14 
(DBM) and Department of Science and Technology (DOST) which shall include the
15 
development of a Citizen Registry. The participation from the private sector such as
16 
rr providers is important for the rapid scaling up of the eHealth services and in
17 
comprehending the delivery of eHealth services in the national and local levels.
18 
Sec. 40. Tax Incentive. - Any private corporation that will engage in providing
19 
eHealth services shall not be required to pay any national or local tax within the first
20 
two (2) years of operation.
21
22 
Chapter IX
23 
RESEARCH AND DEVELOPMENT
24 
Sec. 41. Research and Deveiopment - Consistent with Republic Act No. 10532
25 
or the Philippine National Health Research System Act of 2013, the Development of
26 
Science and Technology - Philippine Council for Health Research and Development
27 
(DOST-PCHRD) in coordination with DOH, DICT, PhilHealth, specialty societies, and
28 
non government institutions shall ensure the development of new eHealth solutions,
29 
services, and innovations through:
30 
a. Formulation of expanded eHealth research priority areas under the National
31 
Unified Health Research Agenda (NUHRA); and
19


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
b. Establishment of knowledge hubs and research centers for health that focus on 
but not limited to capacity building, health technology assessment, knowledge 
management, standards development, and research utilization.
Sec. 42. Funding Source for Research Development. - The research budget shall not 
be more than 5% of the funding sources of each of the following government 
agencies: Department of Health; Department of Science and Technology; and 
Department of Information and Communication Technology.
Chapter X
LIABILITIES AND PENALTIES
Sec. 43. Unauthorized Processing of Persona! Information and Sensitive 
Personal Information. -
a. The unauthorized processing of personal information shall be penalized by 
imprisonment ranging from one (1) year to three (3) years and a fine of not 
less than Five Hundred Thousand Pesos (PHP 500,000.00) but not more than 
Two Million Pesos (PHP 2,000,000.00) to be imposed on persons who process 
personal information without the consent of the data subject, or without being 
authorized under this Act or any existing law; and
b. The unauthorized processing of personal sensitive information shall be 
penalized by imprisonment ranging from three (3) years to six (6) years and a 
fine of not less than Five Hundred Thousand Pesos (PHP 500,000.00) but not 
more than Four Million Pesos (4,000,000.00) to be imposed on persons who 
process sensitive information without the consent of the data subject, or 
without being authorized under this Act or any existing law.
Sec. 44. Accessing Persona! Information and Sensitive Persona! Information 
Due to Negligence. -
a. Accessing personal information due to negligence shall be penalized by 
imprisonment ranging from one (1) year to three (3) years and fine of not less 
than Five Hundred Thousand Pesos (PHP 500,000.00) but not more than Two 
Million Pesos (PHP 2,000,000.00) to be imposed on persons who, due to
20


1 
negligence, provided access to personal information without being authorized
2 
under this Act or any existing law.
3 
Sec. 45. Improper Disposal of Persona! Information and Sensitive Persona!
4 
Information. -
5 
a. The improper disposal of personal information shall be penalized by
6 
imprisonment ranging from six (6) months to two (2) years and a fine of not
7 
less than One Hundred Thousand Pesos (PHP 100,00.00) but not more than
8 
Five Hundred Thousand Pesos (PHP 500,000.00) to be imposed on persons who
9 
knowingly or negligently dispose, discard or abandon the personal Information
10 
of an individual in its container for trash collection, and
11 
b. The improper disposal of sensitive personal information shall be penalized by
12 
imprisonment ranging from one (1) year to three (3) years and fine of not less
13 
than One Hundred Thousand Pesos but not more than One Million Pesos (PHP
14 
1,000,000.00) to be imposed on persons who knowingly or negligently dispose,
15 
discard or abandon the personal information of an individual in its container for
16 
trash collection.
17 
Sec. 46. Processing of Persona! Information and Sensitive Persona! Information
18 
for Unauthorized Purposes. - The processing of personal information for unauthorized
19 
purposes shall be penalized by imprisonment ranging from one (1) year and six (6)
20 
months to five (5) years and fine of not less than Five Hundred Thousand Pesos (PHP
21 
500,000.00) but not more than One Million Pesos (PHP 1,000,000.00) to be imposed
22 
on persons processing personal information for purposes not authorized by the data
23 
subject, or otherwise authorized under this Act or under existing laws. The processing
24 
of sensitive personal information for unauthorized purposes shall be penalized by
25 
imprisonment ranging from two (2) years to seven (7) years and a fine of not less
26 
than Five Hundred Thousand Pesos (PHP 500,000.00) but not more than Two Million
27 
Pesos (PHP 2,000,000.00) to be imposed on processing sensitive personal information
28 
for purposes not authorized by the data subject or otherwise authorized under this
29 
Act or under existing laws.
30 
Sec. 47. Unauthorized Access or Intentional Breach. -The penalty of
31 
imprisonment ranging from one (1) year to three (3) years and a fine of not less than
32 
Five Hundred Thousand Pesos (PHP 500,000.00) but not more than Two Million Pesos
21


1 
(2,000,000.00) shall be imposed on persons who knowingly and unlawfully, or
2 
violating data confidentiality and security data systems, breaks in any way into any
3 
system where personal and sensitive personal information is stored.
4 
Sec. 48. Concealment of Security Breaches involving Sensitive Persona!
5 
Information. - The penalty of imprisonment of one (1) year and six (6) months to five
6 
(5) years and a fine of not less than Five Hundred Thousand Pesos (PHP 500,000.00)
7 
but not more than One Million Pesos (PHP 1,000,000.00) shall be imposed on persons
8 
who, after having knowledge of a security breach an of the obligation to notify the
9 
Commission pursuant to Section 20(f), intentionally or by omission conceals the fact
10 
of such security breach.
11 
Sec. 49. Malicious Disclosure. - Any personal information controller or personal
12 
information processor or any of its officials, employees or agents, who, with malice or
13 
in bad faith, discloses unwarranted or false information relative to any personal
14 
information or personal sensitive information obtained by him or her, shall be subject
15 
to imprisonment ranging from one (1) year and six (6) months to five (5) years and a
16 
fine of not less than Five Hundred Thousand Pesos (PHP 500,000.00) but not more
17 
than One Million Pesos (PHP 1,000,000.00).
18 
Sec. 50. Unauthorized Disclosure. -
19 
a. Any personal information controller or personal information processor or any of
20 
its officials, employees or agents, who discloses to a third party personal
21 
information not covered by the immediately ranging from one (1) year to three
22 
(3) years and a fine of not less than Five Hundred Thousand Pesos (PHP
23 
500,000.00) but not more than One Million Pesos (PHP 1,000,000.00), and
24 
b. Any personal information controller or personal information processor or any of
25 
its officials, employees or agents, who discloses to a third party sensitive
26 
personal information not covered by the immediately preceding section without
27 
the consent of the data subject, shall be subject to imprisonment ranging from
28 
three (3) years to five (5) years and a fine of not less than Five Hundred
29 
Thousand Pesos (PHP 500,000.00) but not more than Two Million Pesos (PHP
30 
2,000,000.00).
31 
Sec. 51. Combination or Series of Acts. - Any combination or series of acts as
32 
defined in Section 42 to 49 shall make the person subject to imprisonment ranging
22


1 
from three (3) years to six (6) years and a fine of not less than One Million Pesos (PHP
2 
1,000,000.00) but not more than Five Million Pesos (PHP 5,000,000.00).
3 
Sec. 52. Extent of Liability. - If the offender is a corporation, partnership or any
4 
juridical person, the penalty shall be imposed upon the responsible officers, as the
5 
case may be, who participated in, or by their gross negligence, allowed the commission
6 
of the crime. If the offender is a juridical person, the court may suspend or revoke
7 
any of its rights under this Act. If the offender is an alien, in addition to the penalties
8 
prescribed, be deported without further proceedings after serving the penalties
9 
prescribed. If the offender is a public official or employee and is found guilty of acts
10 
penalized under Section 44 and 45 of this Act, he or she shall, in addition to the
11 
penalties prescribed herein, suffer perpetual or temporary absolute disqualification
12 
from office, as the case may be.
13 
Sec. 53. Large-Scale. - The maximum penalty in the scale of penalties
14 
respectively provided for the preceding offenses shall be imposed when the personal
15 
information of at least one hundred (100) persons is harmed, affected or involved as
16 
the result of the abovementioned actions.
17 
Sec. 54. Offense Committed by Public Officer. - When the offender or the
18 
person responsible for the offense is a public officer as defined in the Administrative
19 
Code of the Philippines in the exercise of his or her duties, an accessory penalty
20 
consisting in the disqualification to occupy public office for a term, double the term of
21 
the criminal penalty imposed, shall be applied.
22 
Sec. 55. Restitution. - Restitution for any aggrieved party shall be governed by
23 
the provisions of the New Civil Code.
24 
Sec. 56. Liability of Supervising Persons. - Persons who directly supervise and
25 
control staff members entitled to fill EMR or EHR are liable for injuries associated with
26 
inaccurate or deficient summary reports provided by these staff members.
27 
Sec. 57. Liability of Health Centers. - eHealth centers are liable for injuries
28 
associated with inaccurate or defective treatment caused by their software and
29 
database.
30 
Sec. 58. Implementing Rules and Regulations (IRR). - Within ninety (90) days
31 
from the effectivity of this Act, the Secretary of Health, after consultation with the
32 
DOST, DICT, University of the Philippines - Manila (National TeleHealth Center),
23


1 
PhilHealth, CHED, medical and paramedical association and societies, and other
2 
stakehoiders shail promuigate the necessary IRR to impiement the the provisions of
3 
this Act.
4 
Sec. 59. Separability Clause. - If any part or provision of this Act shail be
5 
declared or held unconstitutional or invalid, other provisions hereof which are not
6 
affected thereby shall continue to be in full force and effect.
7 
Sec. 60. Repealing Clause. - Any law, presidential decree or issuance, executive
8 
order, letter of instruction, administrative order, rule, or regulation contrary to or
9 
inconsistent with the provisions of this Act are hereby repealed, modified, or amended
10 
accordingly.
11 
Sec. 61. Effectivity. - This Act shall take effect (15) days after its complete
12 
publication either in the Official Gazette or in at least two (2) newspapers of general
13 
circulation in the Philippines.
Approved,
24