NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
^stt,K(©ffirr of t!)f It' - (• 'tan’
23 JAN 26 P2-40
SENATE
S.B. No. 1787
Introduced by SENATOR IMEE R. MARCOS
AN ACT
ESTABLISHING THE ELECTRONIC HEALTH OR eHEALTH SYSTEM AND 
SERVICES IN SUPPORT OF UNIVERSAL HEALTH CARE USING 
INFORMATION AND COMMUNICATIONS TECHNOLOGY, AND 
APPROPRIATING FUNDS THEREFOR
EXPLANATORY NOTE
Article II, Section 15 of the 1987 Constitution provides that "the State shall 
protect and promote the right to health of the people and Instill health consciousness 
among them. "Corollarily, Article XIII, Section 11 of the Constitution also mandates that 
"the State shall adopt an Integrated and comprehensive approach to health 
development which shall endeavor to make essential goods, health and other social 
services available to all the people at affordable cost"
Despite these Constitutional safeguards, the harsh reality is that public 
healthcare in the country continues to be scanty, inaccessible to many, and often costly 
for most Filipinos. The data on its face is appalling, with the doctor to patient ratio in 
the country standing at 3.7 to 10,000 and the hospital bed to patient ratio remaining 
at <1 to 1,000 as of 31 December 2021. These numbers are far from the ideal ratio of 
10 doctors per 10,000 persons and 3 hospital beds per 1,000 persons recommended 
by the World Health Organization (WHO).
The COVID-19 pandemic magnified this inadequacy to the public eye, as 
hospitals all over the country declared full bed capacity, and news of medical frontline 
workers falling to infection and fatigue populated broadsheets and social media.
Meanwhile, more and more Filipinos now rely upon the internet for information 
and commercial transactions. In 2021, a total of 82 million were registered smartphone 
users. Digitization in all its forms and formats will no doubt grow exponentially and 
rapidly in the post-pandemic world.


eHealth has proven to be an efficient and effective way to bring medicine to the 
people. Digital consultations and even "check-ups" may now be virtual, medical records 
are better shared and accessed electronically, and updates on scientific developments 
all over the world can be placed at physicians' and patients' fingertips.
During the pandemic, Singapore adopted the "manpower light and tech heavy" 
care model whereby remote monitoring technologies were used to manage lower-risk 
COVID-19 patients, so that manpower may focus on higher-risk patients. The adoption 
of said model resulted in the country's extremely low fatality rate of 0.05% or 27 deaths 
out of more than 57,000 COVID-19 cases.
This bill seeks to establish electronic health or eHealth as an additional mode of 
the national healthcare system in post-COVID Philippines, thereby allowing more 
Filipinos to have greater access to vastly-improved health services comparable to those 
of our neighbor developed countries.
In view of the foregoing, the passage of this measure is urgently sought.
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EER. MARCOS


©ruatr
fitP ol ti)f &•'(. 'faip
NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
23 JAN 26 P2:40
SENATE
S.B. No. 1787
RtCEIVED BY.
Introduced by SENATOR IMEE R. MARCOS
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AN ACT
ESTABLISHING THE ELECTRONIC HEALTH OR eHEALTH SYSTEM AND 
SERVICES IN SUPPORT OF UNIVERSAL HEALTH CARE USING 
INFORMATION AND COMMUNICATIONS TECHNOLOGY, AND 
APPROPRIATING FUNDS THEREFOR
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 "eHealth System and 
Services Act.
SEC. 2. Declaration of Policies. - It is the policy of the State to protect and 
promote the right to health of all Filipinos and instill health consciousness among them. 
Towards this end, the State shall institutionalize a system that seeks to provide more 
access to quality healthcare services through electronic means using information and 
communication technologies (ICT).
The eHealth system shall be comprehensive, integrated, interconnected, 
sustainable, measurable, synchronized, inter-operable, and progressive based on best 
practices, and shall facilitate inter-agency and inter-sectoral coordination at various 
levels of governance covering both the public and private sectors. The State shall 
recognize eHealth as equal with other healthcare delivery 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).


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SEC. 3. Objectives. - The eHealth Act shall provide a policy framework and 
establish a National eHealth System that will direct and regulate the practice of eHealth 
in the Philippines. The objectives of this Act are as follows:
a) Provide a policy framework and establish a system that shall direct and 
regulate the practice of eHealth;
b) Set policies, standards, regulations and services in eHealth to reduce 
inequalities, facilitate the achievement of universal health care and improve 
health outcomes; and
c) Realize health information exchange to measure and monitor health system 
performance and responsiveness.
SEC. 4. Definition of Terms. - As used in this Act:
a) eHealth System refers to the interplay of enabling elements essential for a 
successful eHealth implementation—which include governance and 
accountability; strategy and investment; human resources; standards and 
inter- operability; monitoring and compliance; research and development; 
infrastructure; and services and applications;
b) eHealth Services and Applications refer to the solutions and products with 
defined objectives to serve its intended clients or users, such as health 
information systems, electronic medical record (EMR) systems, hospital 
information system, ePharmacy system, laboratory system, radiology 
system, registry systems, mobile health, teleHealth, telemedicine, 
wearables, and biomedical and related devices with ICT component;
c) 
Electronic Health or eHealth refers to the use of cost-effective and secure 
information communications technology for health needs;
d) Electronic Medical Record (EMR) refers to a computerized medical record 
used to capture, store and share information between healthcare providers 
in an organization;
e) 
Geographically Isolated and Disadvantage Areas (GIDAs) refer to 
communities with marginalized population physically and socio-economically


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separated from the mainstream society and characterized by: (1) physical 
factors such as those isolated due to distance, weather conditions and 
transportation difficulties like island, upland, lowland, landlocked, hard to 
reach and unserved or underserved communities; and (2) socio-economic 
factors such as high poverty incidence, presence of vulnerable sector, 
communities in or recovering from situation of crisis or armed conflict;
f) 
Health Sector Enterprise Architecture refers to the blueprint on which 
eHealth services and applications shall be developed, implemented and 
scaled up;
g) Health Knowledge Resources refer to those services that manage and 
provide access to trusted information to support health care providers and 
individuals, including local and international online journals and resource 
collections, national electronic journals printed information, archives, and 
other information resources;
h) Information and Communications Technology (ICT) refers to all technologies 
for the communication of information, which includes data, application or 
information systems, internet, network, connectivity, telecommunications, 
among others;
i) 
Mobile Health or mHealth refers to the services and information supported 
by mobile technology, such as mobile phones, wearables, and handheld 
computers;
j) 
Personal Health Record (PHR) refers to a computerized health record created 
and maintained by an individual;
k) 
TeleHealth refers to the delivery of health-related services and information, 
at a distance, which encompasses preventive, promotive, curative, and 
palliative aspects and include a collection of means or method for enhancing 
health care, public health, health research and health education delivery and 
support in the various health fields using telecommunications and virtual 
technologies;
l) 
Telehealth Center refers to an office located within a hospital designated for 
the purpose of conducting telehealth services and is equipped with the 
necessary tools and manpower;


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m) Telemedicine refers to the delivery of health care services, where distance 
is a critical factor, by all health care professionals using information and 
communication technologies for the exchange of valid information for 
diagnosis, treatment and prevention of disease and injuries, research and 
evaluation, and for the continuing education of health care providers, all in 
the interests of advancing the health of individuals and their communities.
SEC. 5. Scope and Application. - This Act covers all existing healthcare providers 
and other entities developing and using eHealth systems, services and applications, 
whether public or private. It includes all other eHealth solutions, services and 
applications, including relevant standard equipment in the field of health and ancillary 
services that utilize ICT and complements existing minimum modalities or standards of 
health care and other access to information.
ARTICLE II
eHEALTH SERVICES AND SOLUTIONS
SEC. 6. Services and Application. - The National eHealth System shall provide 
tangible means for enabling services and systems including access to, exchange and 
management of information and content for the general public, patients, providers, 
insurance, and other which may be supplied by government or private businesses.
SEC. 7. Scope of eHealth Services and Solutions. - eHealth is an umbrella term 
which integrates and covers the following areas:
a) Health informatics refers to interdisciplinary study of the design, development, 
adoption, and application of IT-based innovations in healthcare services delivery, 
management, and planning;
b) Telehealth refers to the delivery of health-related services and information via 
telecommunication technology which encompasses preventive, promotive, 
curative, and palliative aspects;
c) Telemedicine refers to the use of telecommunication technology to provide 
healthcare services from a distance; focuses more on the curative or treatment 
aspect;


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d) Electronic learning or e-learning refers to learning utilizing electronic 
technologies to access educational curriculum outside of a tradition classroom;
e) Electronic Medical Record refers to software systems which contains encoded 
form of documentation of patient's health information;
f) Electronic prescription or e-prescription refers to an electronic generation of a 
physician's prescription, transmission and filling of medical prescription;
g) Virtual healthcare teams refer to professionals who collaborate and share 
information on patients with digital equipment;
h) Mobile health or mHealth refers to medical and public health practice supported 
by mobile devices such as mobile phones, patient monitoring devices, personal 
digital assistants (PDAs), and other wireless devices;
i) Social Media for eHealth refers to the opportunities for the healthcare industry 
to engage with patients and healthcare professionals through online 
communications channels dedicated to community-based input, interaction, 
content-sharing and collaboration;
j) Health Information Exchange refers to the solution which enables data sharing 
and exchange between healthcare providers and facilities, and support access 
to the patient's record across providers in many geographic areas of the country;
k) Knowledge Management System refers to any kind of IT system that stores and 
retrieves information, improves cooperation and collaboration, locates 
knowledge sources, manage repositories, and enhance knowledge 
management; and
l) Patient Self-Education about Healthcare refers to the patient's use of the internet 
through personal computers or mobile devices to research on medical and 
pharmacological information, treatment options, or search for healthcare 
facilities available in their area.
SEC. 8. Telehealth and Telemedicine Services. - Telehealth is an approach of 
providing healthcare services and public health with the use of ICT to enable the 
diagnosis, consultation, treatment, education, care management, and self­
management of patient at distance from health providers. It shall take into


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consideration the evolving practice in telemedicine and eHealth in order to expand the 
delivery of healthcare not only in terms of records and information exchange but in the 
actual delivery of services.
SEC. 9. Electronic Medical Record (EMR). - All data in the EMR shall be 
considered protected health data and shall be governed by established rules for access, 
authentications, storage and auditing, and transmittal. Republic Act No. 10173 
otherwise known as the "Data Privacy Act of 2012", its implementing rules and 
regulations, and the issuances of the National Privacy Commission shall be considered 
in recording, processing, and storing data in the EMR.
a) Disclosure. - Disclosure of and accessibility to protected data in the EMR shall 
be limited and standardized following international and local rules and 
regulations. Patients may secure a copy of their EMR upon request and shall 
provide informed consent if their EMR is to be shared with third parties, except 
when these are processed for the production of aggregate health statistics, for 
social health insurance claims based on established guidelines, for public health 
emergency concerns and national security.
b) Covered Entities. - Covered entities may disclose protected health information 
to law enforcement officials performing their official duties and responsibilities 
as required by existing national and local laws and with proper order from duly 
concerned bodies. Such disclosure shall be carried out in accordance with the 
Data Privacy Act of 2012.
SEC. 10. Electronic Medical 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 shall 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 record 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 shall, at all times, be included when providing hard copies to the 
requesting patients.


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The EMR shall likewise provide for an electronic facility where patients and 
medical service providers can communicate on-line either in real time or off-line. It may 
also be integrated with civil registries to facilitate recording of vital information.
SEC. 11. Electronic Medical Records Center. - There shall be created an 
Electronic Medical Records (EMC) Center to be placed under the Office of the Secretary 
of the DOH. The EMC Center shall serve as a hub of all databanks of medical records 
and other pertinent information to the patient's medical history.
It shall generate specialized software to be distributed and used as the standard 
platform for the maintenance, updating, uploading and making available electronic 
Medical Records and shall enforce strict compliance with uploading and updating of 
electronic medical records as provided for in this Act.
SEC. 12. Security Features of Electronic Medical Records. - In order to ensure 
the privacy of all medical records, electronic communication and transactions, the EMR 
Center shall be classified in a manner that allows safeguards for data privacy and 
security, access controls, and change management.
SEC. 13. Creation of EMR. - EMR can be created by the following professionals 
if it is necessary for the medical care of the patients:
1) Doctors;
2) Dentists;
3) Pharmacists, Pharmacy Assistants, Pharmacy Engineers;
4) Psychiatrists;
5) Nurses; and
6) Other allied health professionals.
SEC. 14. Standard of Care. - The standard of care to be provided shall be based 
on established clinical or service guidelines. Services given must be the same regardless 
of whether healthcare services are provided in person or electronically. The attending 
healthcare professional shall be primary accountable for the healthcare delivery of 
eHealth systems and services.
SEC. 15. Electronic Signatures. - In order to ensure the confidentiality, integrity 
and authenticity of eHealth data, eHealth may require the use of electronic signatures 
which are to be treated as equal to hand-written signatures.


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ARTICLE III
eHEALTH SYSTEMS COMPONENTS
SEC. 16. The eHealth Components. - The following components are the building 
blocks that shall be put in place to realize the national eHealth vision and allow the 
eHealth outcomes to be achieved:
a) Leadership and Governance - Directs and coordinates eHealth activities at all 
levels like hospitals and health care providers. Critical areas of governance are 
management of the eHealth agenda, stakeholders' engagement, strategic 
architecture, clinical safety, management and operation, monitoring and 
evaluation, and policy oversight.
b) eHealth Services or Solutions - Required service and applications to enable 
widespread access to health care services, health information, health reports, 
health care activities, and securely share and exchange patient's information in 
support to health system goals. These address the needs of the various 
stakeholders like individuals, health care providers, managers, officials, and 
others.
c) Standards and Inter-operability - Defines standards of eHealth systems and 
services, and promotes and enables exchange of health information across 
geographical and health sector boundaries through use of common standards 
on data structure, terminologies, and messaging. The implementation of 
software certification or accreditation where eHealth data standards for 
interoperability.
d) Policy and Compliance - Formulation of the required policies, guidelines and 
compliance mechanisms to support the attainment of the quality and acceptable 
eHealth systems and services.
e) Infrastructure - Establishes and supports the ICT and medical base to enable 
provision of eHealth services and health information exchange to enable sharing 
of health information across geographical and health sector boundaries, and 
implementation of innovative ways to deliver health services and information.
f) Human Resources - Workforce or professionals that develop, operate, uses or 
implement the national eHealth environment such as the health workers who


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will be using eHealth in their line of works, health care providers, information 
and communication technology workers, and others.
g) Strategy and Investment - Schemes and outlay that are needed to develop, 
operate and sustain the eHealth Systems and Services. These components 
support the development of a strategy and plans to serve as guide in the 
implementation of the eHealth agenda. Investment refers to the funding or 
amount needed for executing the strategies and plans.
ARTICLE IV
LEADERSHIP AND GOVERNANCE
SEC. 17. Lead Agency. - The Department of Health (DOH) shall be the lead 
agency in implementing this Act. For the purpose of achieving the objectives of the Act, 
the DOH shall:
a) Establish an inter-agency and multi-sectoral National eHealth Steering 
Committee;
b) Spearhead the establishment of a National eHealth System and Service;
c) Coordinate with the Department of Science and Technology (DOST), the 
Department of Information and Communication Technology Office (DICT) and 
the Philippine Council for Health Research and Development (PCHARD), 
Philippine Health Insurance Corporation (PhilHealth), Philippine Medical 
Association (PMA), Health Assessment Council (HAC), University of the 
Philippines - National Telehealth Center (UPM-NTHC), Medical and Paramedical 
Specialty Societies, Boards and Associations, Professional Regulation 
Commission (PRC) and various health services providers and facilities including 
the academe and patient groups, and other stakeholders;
d) Create or identify an Office to coordinate the development and implementation 
of a National eHealth System and Services among agencies concerned and 
provide direction and guidance to all DOH offices and attached agencies 
including the local government units and the private sector; and


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e) The Telehealth Centers shall be under the supervision of the Department of
Health.
SEC. 18. National eHealth Steering Committee. - To ensure the implementation 
of this Act and to serve as an executive body of the Philippine eHealth System and 
Services (PNeHSS), the National eHealth Steering Committee shall be created and made 
an integral part of the DOH. It shall also provide policy oversight and ensure that its 
implementation is consistent and pertinent laws such as Republic Act No. 8792 or the 
Philippine E-Commerce Law, Republic Act No. 10173 or the Data Privacy Act of 2012, 
and other commitments to the international health community. The National eHealth 
Steering Committee can also provide strategic directions to the health sector towards 
the integration of Philippine services in view of the ASEAN integration.
The Secretary of the Department of Health shall act as Chairperson. The 
following shall serve as members:
a) Secretary, Department of Science and Technology;
b) Secretary, Department of Information and Communication Technology;
c) Secretary, Department of Social Welfare and Development;
d) Secretary, Department of Interior and Local Government;
e) President and Chief Executive Officer, Philippine Health Insurance Corporation;
f) Commissioner, Professional Regulatory Commission;
g) Commissioner, Commission on Higher Education;
h) Commissioner, National Privacy Commission;
Commissioner, National Anti-Poverty Commission;
President, Philippine Hospital Association;
k) President, Philippine Medical Association; and
l) A representative from the Association of Municipal Health Officers/PHO/CHO.
i)
j)
Members of the Committee shall be appointed by the President of the Philippines 
and shall serve for three (3) years for a maximum of two (2) consecutive terms, unless 
recalled, replaced or resigned from office. The Committee shall exercise the following 
functions:
a) Establish eHealth policies, standards, regulations, and ethical frameworks 
pertinent to use, practice and provision of eHealth services;
b) Direct and coordinate the eHealth system and services at the national level and 
ensure alignment of the system and services with the overall
health goals of the government;
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c) Spearhead the activities that promote eHealth awareness and engages 
the participation of stakeholders;
d) Formulate responsive plans and strategies for the development of a national 
eHealth environment in coordination with major stakeholders and affected 
sectors;
e) Set and develop policies and programs for the advancement of eHealth, and 
impose necessary regulatory mechanisms including penalties upon hearing and 
deciding cases;
f) Create a technical working group, committees, and expert group to assist in the 
development of the eHealth projects;
g) Create or identify the Telehealth Licensing and Regulatory mechanisms and body 
to implement the provisions of this Act;
h) Submit yearly assessments to the Senate Committee on Health and Demography 
and the House of Representatives Committee on Health; and
i) Convene at least twice a year.
ARTICLE V
STANDARDS AND INTEROPERABILITY
SEC. 19. Standards. - Standards shall be introduced and imposed to facilitate 
interoperability among systems and devices, provide unqualified privacy and security 
and to address the unique needs. This must be complied with by various providers, 
centers, and system developers to enable consistent and services. The appropriate 
Committee as may be mandated in this Act shall define and regularly update, and 
impose standards for inoperability among various eHealth systems and services and 
ensure wide dissemination for easy access of all concerned.
eHealth systems and services can potentially transform healthcare through 
mobile health delivery, personalized medicine, and social media eHealth applications. 
Reaching the potential for advancements in eHealth shall only be achieved through 
information and communication technology standards efforts that facilitate 
interoperability among systems and devices, of the developing world, and leverage 
existing ubiquitous technologies such as social media applications and mobile devices.
SEC. 20. Interoperability framework. - The eHealth interoperability shall be 
defined and must be in consonance to DOH national eGovernment interoperability 
framework and established internal standards.
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SEC. 21. Secure Health Information Exchange (HIE). - The DOH, DOST, DICT, 
and PhilHealth shall establish a secured health information exchange using a common 
trust framework and a common set of rules which serves as the foundation for 
electronic information exchange across geographical and health-sector boundaries. The 
HIE includes the physical infrastructure, standards, core services, and applications that 
will strengthen the national eHealth environment.
SEC. 22. Establishment and Accreditation of eHealth Centers and eHealth 
Practitioners. - The Act shall ensure that telehealth centers are strategically organized 
across the country within three (3) years upon effectivity of this Act to ensure that 
Telehealth practitioners are sufficiently equipped with skills for the ethical and safe 
practice of Telehealth such as the necessary audiovisual communications technology 
that will enable each Telehealth center to communicate with each other in real time. 
Regional Telehealth Centers shall be established. No telehealth center shall be allowed 
to operate unless it has been duly accredited based on standards set forth by the DOH. 
The Department of Health shall be the lead agency for the accreditation for the facilities 
as Telehealth centers, whereas the Professional Regulations Commission shall be the 
lead agency for the accreditation of the Telehealth Practitioners in coordination with 
the National eHealth Steering Committee. Telehealth Practitioner shall be accredited by 
the PhilHealth for reimbursement purposes. A Telehealth center shall have the following 
minimum requirements:
a) Equipped with the needed ICT applications suitable for telehealth in the country 
such as computers, internet connections, and communication lines;
b) Supervised and staffed by trained personnel such as doctors, nurses, primary 
health care workers, and clinical specialists;
c) Construction of facilities for the delivery of telemedicine services sites;
d) Provision of transportation and other courier services for the delivery of 
medicines and other services; and
e) Undergo periodic unannounced inspection by the DOH in order to evaluate and 
ensure quality telehealth center performance.
These Telehealth Centers shall be established for the purpose being primarily to 
give 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 
specialized medical care with a virtual access at no cost to them where 
warranted; and
b) To give these people easy access to fast and efficient treatment and diagnosis, 
especially the poor and indigent among them.
SEC. 23. Public-Private Partnership in Providing eHealth Services. - The DOH is 
hereby mandated to promulgate rules regarding the participation of the private sector 
in the provision of eHeaith services and solutions, including public-private partnerships 
and other suitable arrangements, subject to the limitations provided by this Act.
ARTICLE VI
THE eHEALTH CENTER BOARD
SEC. 24. eHealth Center Board. - There is hereby created a governing board of 
the Telehealth Center which shall hereafter be known as the eHealth Center Board.
The eHealth Center Board shall be composed of ten (10) members with the 
Secretary of the Department of Health as the ex-officio Chairman, four (4) members, 
each of from the Lung Center of the Philippines, National Kidney and Transplant 
Institute, Philippine Children's Medical Center, and the Philippine Heart Center and five 
(5) members from the private sector.
The members of the eHealth Center Board shall be appointed by the President 
of the Philippines and shall receive no salary. They shall, however, receive a per diem 
of not exceeding two thousand pesos (P 2,000.00) for every meeting of the Board 
actually attended: Provided, however, that the total amount of per diem for all meetings 
of the eHealth Center Board in a single month shall not exceed ten thousand pesos
(P10,000.00).
Members of the eHealth Center Board who are not officers of the Government 
shall serve for a term of four (4) years which is renewable for another term.
The Board Secretary shall be appointed by the Chairman from the ranking 
members of the hospital staff.
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SEC. 25. Powers and Duties of the eHealth Center Board. - The eHealth Center 
Board, as the governing and policy-making body of the eHealth Centers, shall have 
such powers as are necessary to carry out the purpose and objectives stated in this 
Act, including the exercise of corporate powers. It shall perform the following functions 
and duties;
a) Promulgate and prescribe the rules and regulations for the administration of the 
affairs of eHealth Centers.
b) Study, propose and approve plans for the improvement of eHealth Center 
services.
c) Propose, study and approve or, amend or revise the organizational structure of 
eHealth Centers, in order to meet the exigencies of the service, subject to 
existing laws and regulations on the matter and consonant with the principles of 
sound hospital administration.
d) Consider and approve appointments and promotions of all staff personnel, 
medical and administrative, and other employees upon the recommendation of 
the eHealth Center Director.
e) Investigate all cases of anomalies, negligence or misconduct of all eHealth 
Center personnel including the Director. It shall have the final authority to pass 
upon the removal, separation, and suspension of such personnel subject to Civil 
Services Rules and Regulations.
f) Make an integral audit once a year of the business operation of the eHealth 
Center.
g) Receive in trust, legacies, gifts, land grants and donations of real and personal 
property of all kinds, free of tax, and to administer the same for the benefit of 
the hospital or a department of service thereof. Foreign and domestic donors' 
legacies, gifts, grants and donations under this Section shall be exempt from 
any tax of any kind and nature to the extent of the full amount donated, 
provisions of existing laws to the contrary notwithstanding.
h) Review and approve the budget prepared by the hospital administration for 
submission to the Congress of the Philippines through the Budget Secretary.
SEC. 26. Meeting of the Board and Quorum. - The eHealth Center Board shall 
meet regularly once a month at the Department of Health on a regular date fixed for 
the purpose. Special meetings may be called as often as necessary. A majority of the 
members shall constitute a quorum. All decisions of the Board must be by a majority 
of the members present.
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SEC. 27. eHealth Center Director and Auditor. - There shall be an eHealth 
Center Director, elected by a majority vote of the eHealth Center Board: Provided, that 
the appointee is qualified under the Civil Service Act.
The eHealth Center Director shall serve until otherwise incapacitated or removed 
for cause and shall receive an annual salary equivalent to that of Chief of Hospital IV 
under the Salary Plan of the Wage and Position Classification Office.
The eHealth Center Director shall:
a) Be responsible for the implementation of all policies, decisions and orders of the 
eHealth Center Board;
b) Have immediate supervision and control over the affairs of the eHealth Centers 
as well as its management and administration, subject to the authority of the 
eHealth Center Board;
c) Prepare and submit to the eHealth Center Board periodic reports on the state of 
affairs, financial conditions, budgetary requirements and other problems of the 
hospital together with the corresponding recommendations thereon; and
d) Perform such other duties as the eHealth Center Board may from time to time 
direct him to do, consonant with the dignity and responsibility of the office.
The eHealth Center Board shall appoint an auditor who shall be the 
representative of the Auditor General who is hereby designated as ex-officio auditor of 
all eHealth Centers.
The eHealth Center Auditor shall be the chief of its auditing and accounting 
department. One shall audit, examine and settle all accounts of the eHealth Centers, 
according to existing laws and regulations and shall perform such other duties as the 
Auditor General, the eHealth Center Director or the eHealth Center Board may require 
of one. One's compensation shall be fixed by the eHealth Center Board.
SEC. 28. Heads of Departments and Service and Compensations. - The 
participating Heads of departments and services as well as medical consultants and 
specialists shall be appointed by the eHealth Center Board upon recommendation of 
the eHealth Center Director. Their compensations shall be prescribed by the eHealth 
Center Board but the same shall in no case be less than provided for under existing 
laws and regulations.
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All Other personnel and employees of the eHealth Centers shall be appointed by 
the eHealth Center Director subject to the approval of the eHealth center Board.
ARTICLE VII 
INFRASTRUCTURE
SEC. 29. ICT Infrastructure. - The required ICT infrastructure to implement 
eHealth system and services shall conform to the national ICT infrastructure plan and 
standards.
SEC. 30. Medical devices and eHealth solutions. - Software platform that 
connects existing or new medicai devices and gateways shall be defined and regulated 
to ensure seamless data transfers based on established industry and nationai standards 
and standardization of EMR. Such transfers shall be carried out in accordance with the 
Data Privacy Act of 2012, its implementing rules and regulations, and the issuances of 
the National Privacy Commission.
SEC. 31. eHealth Center Database. - All eHealth Centers and originating sites 
shall coordinate with the DOH for consolidation of the pertinent database. DOH shall 
maintain and manage a national database for consults on clinical cases as well as health 
and medical education exchanges, ensuring that data privacy and patient confidentiality 
are maintained in accordance with the applicable provisions of the Data Privacy Act of 
2012.
SEC. 32. National Health Database and Data Warehouse. - The DOH shall 
spearhead the maintenance and management of a secured and protected national 
health database and national health data warehouse or defined shared EMR and of 
consultations on clinical cases as well as health and medical education exchanges and 
other eHealth applications.
ARTICLE VIII 
HUMAN RESOURCES
SEC. 33. Human Resources ICT Competencies. - Minimum ICT or eHealth 
competencies shail be established and imposed to medical and paramedical 
professionals practicing eHealth, and be part of the medical and allied medical curricula.
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SEC. 34. Capability Building Plans and Policies. - Human resource plans and 
policies shall fully take into account in delivering eHealth and Telemedicine. The 
following are to be considered:
a) Licensable healthcare professionals must have a valid Philippine license based 
on the requirement of the Professional Regulations Commission (PRC);
b) Appropriate policies concerning cases wherein a licensed eHealth practitioner in 
the Philippines who intends to provide eHealth services to a patient in another 
country should be in place;
c) In any event, an eHealth center should have policies and procedures to ensure 
that all relevant staff have the appropriate competencies to practice safer Health 
services; and
d) eHealth centers should ensure regular review of human resource plans and 
policies related to eHealth and eMedicine.
ARTICLE IX
STRATEGY AND INVESTMENT
SEC. 35. eHealth Strategic Framework. - The DOH shall spearhead the 
development and monitoring of strategic framework and plans to serve to guide the
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implementation of eHealth systems and services.
SEC. 36. Monitoring Evaluation System. - There shall be established a robust 
metric for the monitoring and evaluation for eHealth to assess and analyze the impact 
of eHealth systems and services.
SEC. 37. Appropriations. - The amount necessary to carry out the provisions of 
this Act shall be included in the General Appropriations of the year following its 
enactment into law.
SEC. 38. Telehealth Center Trust Funds. - All funds and money not coming 
from the general fund of the National Government such as contributions from taxes 
and assessments from authorized sweepstakes lotteries and games, donations, 
legacies, endowment shall be used and disbursed only upon the authorization of the
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Telehealth Center Board for the purpose of improving the Telehealth Centers, its 
facilities and services, including the purchase of supplies and equipment.
SEC. 39. Financing eHeaith Services. - Financing for applicable eHealth services 
by PhilHealth and other partners, as defined by the National eHealth Steering 
Committee, shall be made available.
SEC. 40. Private Sector Participation. - The government shall encourage private 
sector investment on eHealth systems and services subject to existing laws and 
regulation through the appropriate government agencies and must be compliant to the 
established national eHealth systems and services and standards.
Under the Private Sector Participation Program, the joint DOH-PhilHealth- DOST- 
National Privacy Commission-Philippine Statistics Authority undertakings on eHealth 
shall be expanded to align with the Medium-term Information and Communications 
Technology Harmonizing Initiative (MITIII) efforts of Department of Budget and 
Management (DBM) and DOST which shall include the development of a Citizen
Registry.
ARTICLE X
RESEARCH AND DEVELOPMENT
SEC. 41. Research and Development. - Consistent with Republic Act No. 10532 
or the Philippine National Health Research System Act of 2013, the Department of 
Science and technology - Philippine Council for Health Research and Development 
(DOST-PCHRD), in coordination with DOH, DICT, PhilHealth, specialty societies, and 
non-government institutions shall ensure for the development of new eHealth solutions, 
services, and innovations through the:
a) Formulation of expanded eHealth research priority areas under the National 
Unified Health Research Agenda (NUHRA); and
b) Establishment of knowledge hub and research centers for eHealth that focus on 
but not limited to capacity building, health technology assessment, knowledge 
management, standards development, and research utilization.
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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:
a) Department of Health;
b) Department of Science and Technology; and
c) Department of Information and Communication Technology.
ARTICLE XI
LIABILITIES AND PENALTIES
SEC. 43. Prohibited Acts. - The data in the EMR must be processed fairly and 
lawfully. All the data shall be encrypted and any unauthorized access of the EMR shall 
be punishable under Republic Act No. 10173, otherwise known as the "Data Privacy Act 
of 2012".
SEC. 44. Liability of Supervising Persons. - Persons who directly supervise and 
control staff members entitled to fill EMR shall be solidarily liable for injuries associated 
with inaccurate or deficient summary reports provided by these staff members.
SEC. 45. Liability of eHeaith Centers. - eHealth centers shall also be solidarily 
liable for injuries associated with inaccurate or defective treatment caused by their 
software and database.
ARTICLE XII 
FINAL PROVISIONS
SEC. 46. Patient Data Confidentiality. - In carrying out the provisions of this 
Act, eHealth Centers personnel and other eHealth Practitioners, government agencies, 
and participating private businesses involved in the collection, recording, organization, 
storage, updating or modification, retrieval, consultation, and/or use of patient data 
shall carry out said procedures in compliance with Republic Act No. 10173, otherwise 
known as the "Data Privacy Act of 2012," \\s implementing rules and regulations, and 
the issuances of the National Privacy Commission.
SEC. 46. Implementing Rules and Regulations. - Within ninety (90) days from 
the effectivity of this Act, the Secretary of Health, after consultation with the DOST, 
DICT, Philippine Medical Association (PMA), University of the Philippines-Manila
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(National Telehealth Center), Philhealth, CHED, Health Assessment Council (HAC) 
medical and paramedical associations and societies, and other stakeholders, shall 
promulgate the necessary rules and regulations implementing the provisions of this 
Act.
SEC. 47. Separability Clause. - If any part or provision of this Act shall be 
declared or held unconstitutional or invalid, other provisions hereof which are not 
affected thereby shall continue to be in full force and effect.
SEC. 48. Repealing Clause. - All general and special laws, decrees, executive 
orders, proclamations and administrative regulation, or any parts thereof which are 
inconsistent with this Act are hereby repealed, amended and modified accordingly.
SEC. 49. EffectMty. - This Act shall take effect fifteen (15) days after its 
publication in the official gazette or in any newspaper of general circulation.
Approved,
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