Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

House Bill No. 5216

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

SS

AN ACT
MAKING AVAILABLE ELECTRONIC MEDICAL RECORDS OF ALL
PATIENTS OF HOSPITALS AND CLINICS ESTABLISHING FOR THIS
PURPOSE THE ELECTRONIC MEDICAL RECORD CENTER UNDER THE
DEPARTMENT OF HEALTH, APPROPRIATING FUNDS THEREFORE AND
FOR OTHER PURPOSES

EXPLANATORY NOTE

Republic Act No. 8792 or the Electronic Commerce Act of 2000 was
passed by Congress with the end in view of making transactions easier and
faster both in offices in the public and private sectors. With this law as a guide,
offices have conceptualized innovative ways to go paper-less in transactions,
making life of easier for Filipinos.

In furtherance of R.A. 8792, this bill is being introduced to provide easy
access to our own medical records electronically over the intemet to save time,
money and effort. Obtaining vital patient medical information especially in
emergency cases can help avoid unnecessary loss of lives.

The efficient and timely provision of healthcare services is crucial. It
should therefore take advantage of the many benefits of Information and
Communications Technology (ICT) Such benefits provided by on-line
transactions should be exhaustively tapped in order to protect and save lives.


We therefore enjoin our colleagues to ensure the immediate passage of
this proposed measure into law.

DIOSDADO shih, ARROYO GLORIA MACAPAGAL ARROYO
Second District, Camarines Sur Second District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

‘  §216

House Bill No.

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
MAKING AVAILABLE ELECTRONIC MEDICAL RECORDS OF ALL
PATIENTS OF HOSPITALS AND CLINICS ESTABLISHING FOR THIS
PURPOSE THE ELECTRONIC MEDICAL RECORD CENTER UNDER THE
DEPARTMENT OF HEALTH, APPROPRIATING FUNDS THEREFORE AND
FOR OTHER PURPOSES

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

SECTION 1. Short Title. - This Act shall be known as the “Electronic
Medical Records Act of 2011.”

SECTION 2. Declaration of Policy. ~ It is hereby declared policy of the
State to adopt an integrated and comprehensive approach to health development
which shall endeavor to make essential goods, heaith and other social services
available to all the people. Towards this end, the State shall encourage the use
of Information and Communications Technoiogy (ICT) for the fast, easy and
reliable access to medical records of all patients by making available on-line their
medical information in order to benefit them in times of emergency and
immediate needs for the records.

SECTION 3. Definition of Terms. - For purposes of this Act, the following
term shall mean:


1.) Electronic Medical Records — shall refer to medical background and
history of medical service provider's patients and such other information to
be designed and developed by the Records Center. It shall come in a
standard electronic format.

2.) Medical Service Providers — shall refer to all medical practitioners,
hospitals, clinics, centers and other similar institutions that provide medical
care service and assistance.

3.) Medica! Practitioners — shall refer to licensed physicians practicing In
urban cities and municipalities.

4.) Department — shail refer to the Department of Health (DOH).

5.) Records Center — shalt refer to the Electronic Medical Records Center
created under this Act.

6.) Secure Socket Layer - Also known as SSL is a technology which
negotiates and employs the essential functions of mutual authentication,
data encryption, and data integrity for secure transactions, The SSL
security protocol provides data encryption, server authentication, message
integrity, and client authentication for a TCP/IP connection.

7.) 128-bit Encryption — represents a very strong method of encryption
generated by every encrypted transaction. The process of encryption
hides data or the contents of a message in such a way that the original
information can be recovered through a corresponding decryption
process. Encryption and decryption are common techniques in securing
electronic data communications.

SECTION 4. Electronic Medica! Records Facilities Creation, Maintenance
and Uploading. — All provisions of existing laws to the contrary notwithstanding,
medical service providers shall create and maintain electronic medical records
which shall be electronically uploaded on a regular basis. The medical service
providers shail likewise maintain hard copies of the electronic records to be
printed and stored as backup records.

All concerned medical service providers may elect to keep their own
existing format in addition to the new electronic records and its back-up for
purposes of their own use or in providing hard copies to patients: Provided
however, That back-up copies of electronic records shail, at all times, be included
when providing hard copies to the requesting patients.

The electronic medical records facilities aside from keeping records, shall
likewise provide for an electronic facility where the patients and medical service
providers can communicate on-tine either In real time or off-line.

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SECTION 5. Electronic Medical Records Center. — There shall be created
an Electronic Medical Record Center to be placed under the Office of the
Secretary of the Department of Health. The center shall serve as a hub of all
databanks of medical records and other pertinent information significant to the
patient's medical history.

The Records Center shall generate specialized software to be distributed
and used as the standard platform for the maintenance, updating, uploading and
making available electronic Medical Records.

The center shall enforce strict compliance with the uploading and updating
of electronic medica! records as provided for in this Act.

SECTION 6. Security Features of Electronic Medical Records. - tn order
to assure the privacy of all medical records, efectronic communications and
transactions electronic medical records system shail use the existing 128-bit
encryption or higher form of Secure Socket Layer (SSL) technology which may
be devised In the future.

The security features of electranic medical records shail likewise comply
with the security provisions as provided for in RA 8792 or the Electronic
Commerce Law of 2000.

SECTION 7. Funding. - There is hereby authorized to be appropriated for
the implementation of this Act the amount of Ten Million Pesos
(Php10,00,000.00) for the initial operations of the Electronic Medical Records
Center as an attached agency of the Department. Thereafter, such amount
needed to implement this Act shall be included in the Annual Appropriations Act
of the Department

SECTION 8. Implementing Rules and Regulations (IRR). — The
Department shall create a special committee to draft the Implementing Rules and
Regulations goveming this Act. Within three (3) months from the effectivity of
this Act, the special committee shall submit the IRR to the Secretary of the
Department who shall approve it within thirty (30) days.

SECTION 9. Separability Clause. ~ If any provision of this Act or the
application of such provision to any person or circumstances is held invalid, the
remainder of this Act or the application of such provision to other persons or
circumstances shall not be affected thereby

SECTION 10. Repealing Clause. - All laws, rules or orders inconsistent
with the provisions of this Act are hereby repealed.


SECTION 11. Effectivity Clause. - This Act shall take effect upon

completion of its publication in at least two (2) national newspapers of general
circulation.

Approved,