FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
10 JUl 19 F'5 :O~. 
SENATE 
S. No. 1613 
•.. j 
M,Caveo B'r. { 6: 
EXPLANATORY NOTE 
Article 2 Section 15 ofthe Constitution states: 
SEC. 15. The State shall protect and promote the right to health of the 
people and instill health consciousness among them. 
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Health information is one of the most important elements in a robust health care program. 
Health care providers rely on the patients' medical histories in order to make sure that the best 
decisions are made in terms of treatment. In a country like ours, where many of our countrymen 
often had to go to different places to seek treatment, we often fall into a predicament wherein the 
patient's history from a previous institution is not readily accessible to the attending physician. 
In many cases, this results in fatal errors, which, in turn, opens up the physicians to malpractice 
cases. 
We need to establish a health information database which can be accessed throughout the 
country to allow health care providers ~ccess to all the information necessary to provide the best 
treatment to patients. Such database not only provides convenience in terms of gathering 
patients' history but also provides consistency and stability in terms of recording and 
maintaining information. 
Such database needs to be secure and well maintained in order to provide our patients 
peace of mind, knowing their information is readily accessible only to authorized persons. 
This bill seeks to develop a national health care information program that will improve 
our health care services nationwide. l 
1 This bill was originally filed in the Fourteenth Congress, Second Regular Session 
1 


FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
10 Jll. 19 F5:QtJ 
,., 
----------------------,MCEAS::trniVne:t:JlJini'inv'::;i,}~~:~;;,.;:;:,~,_, 
Introduced by Senator Miriam Defensor Santiago 
l -
SENATE 
S, No, 1613 
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AN ACT 
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TO PROVIDE FOR THE ESTABLISHMENT OF A HEALTH INFORMATION 
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TECHNOLOGY AND PRIVACY SYSTEM 
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Be it enacted by the Senate and the House of Representatives of the Philippines in 
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Congress assembled: 
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SECTION 1. Short Title, - This Act shall be known as the "National Health Information 
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Technology and Privacy Advancement Act." 
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SECTION 2, Declaration of Policy, - Congress declares that it is the policy of the State 
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to establish, as expeditiously as practicable, a health information technology and privacy system, 
, . 
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which should-
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A. be responsive to public needs and national objectives; 
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B. serve the health care needs ofthe country; and 
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C. contribute to improved health care quality and lower costs. 
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SECTION 3. Purposes. - It is the purpose of this Act to-
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A. provide for the establishment of a health infonnation technology and privacy system 
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through which new and expanded health care information services will be made 
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available as promptly as possible in a manner that provides national coverage at the 
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earliest practicable date; 
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B. in carrying out the system described in paragraph (A), provide technology services to 
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economically less developed areas as well as those more highly developed, and 
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provide for the efficient and economical use of health care information and protect 
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the confidentiality and security of information within this new technology; 
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C. in order to facilitate the development of the system and provide for the widest 
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possible participation by private enterprise in the system, establish a private nonprofit 
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corporation, subject to appropriate government regulation, to administer the system; 
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and 
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D. ensure that-
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1. all authorized users of the system have nondiscriminatory access to the 
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system; 
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2. effective competition be maintained m the prOVISIOn of equipment and 
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services utilized by the system; 
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3. the corporation established under this Act is organized and operated so as to 
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maintain and strengthen competition in the provision of health information 
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services to the public; and 
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4. the activities of the corporation and of the persons or companies participating 
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in the ownership of the corporation is consistent with the existing antitrust 
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laws. 
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Congress declares that it is not the policy of this Act to preclude the private development 
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of health information technologies. 
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SECTION 4. Definitions. - As used in this Act, the term-
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A. AUTHORIZED HEALTH' INSURERS-
means health insurance Issuers duly 
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authorized by the Insurance Commission. 
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B. AUTHORIZED PROVIDERS- means duly licensed or certified health care providers. 
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C. CORPORATION- means the corporation authorized under this Act. 
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D. SECRETARY- means the Secretary of Health. 
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E. SYSTEM- The term 'system' means the system of health information and technology 
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established under this Act, with secure retention and sharing among authorized 
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providers, who have access to analytic support to identify and enhance areas where 
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improved quality of care may lower cost, and result in reimbursement rates that can 
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better reflect optimal health care delivery. 
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SECTION 5. National Coordination, Planning and Regulation. -
A. Actions by the Secretary- In order to achieve the policy and carry out the purposes of 
this Act, the Secretary shall-
1. provide national governmental assistauce in the planning and development, 
and provide for the implementation of, a national program for the 
establishment aud operation, as expeditiously as possible, of a national health 
information technology and privacy system; 
2. provide for the continuous review of all phases of the development and 
operation of the system, including the activities of the corporation; 
3. provide for the coordination of the activities of national government agencies 
with responsibilities relating to health care information technology, so as to 
ensure that there is a full aud effective compliauce at all times with the 
policies aud procedures established under this Act; 
4. exercise such supervision over the relationship of the corporation with local 
entities or other entities as may be appropriate to ensure that such 
relationships shall be consistent with the national interest and policy expressed 
in this Act; 
5. ensure that timely arraugements are made under which there cau be national 
participation in the establishment and use of the system; and 
6. provide for incentives for physicians to engage in electronic patient-provider 
interactions. 
B. Other Agencies- The heads of other relevant government agencIes, shall, upon 
request of the corporation-
1. provide advice to the corporation concerning the technical characteristics of 
the system; 
2. provide assistauce to the corporation 111 the conduct of research and 
development activities relating to the system, including by furnishing to the 
corporation, upon request, on a reimbursable basis, such servIces as 
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detennined necessary for the most expeditious and economical development 
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of the system; and • 
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3. to the extent feasible, furnish other services, on a reimbursable basis, to the 
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corporation in connection with the establishment and operation of the system. 
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C. Actions by the Corporation- The corporation shall-
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I. develop plans for the technical specifications of all elements of the system, 
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pursuant to the activities described under section S(f); 
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2. ensure effective competition, including the use of competitive bidding where 
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appropriate, in the procurement by the corporation of apparatus, equipment, 
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and services required for the establishment and operation of the system; 
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3. ensure 
that 
eligible 
health 
care 
providers 
have 
equitable 
and 
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nondiscriminatory access to-
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a. the system ,in a manner that provides for the payment of reasonable 
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assessment for such use consistent with the ability to pay and the 
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savings and benefits to be anticipated; 
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b. relevant classifications, practices, regulations, and other terms and 
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conditions relating to the use of the system; and 
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c. available facilities of the system pursuant to regulations relating to 
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the allocation of such facilities among the users thereof; 
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4. ensure that the facilities of the system are technically compatible and 
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operationally interconnected with each other and facilitate interoperability 
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among health infonnation systems; 
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5. prescribe such accounting regulations and systems and, after public hearing 
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and deliberation, engage in such ratemaking procedures as will ensure that any 
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savings made possible by the system are appropriately reflected in rates for 
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access to system services, by license or otherwise for those who utilize or 
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benefit from the system, including the health insurance industry; 
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6. obtain the approval of the Secretary for the implementation of technical and 
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privacy protection Characteristics relating to the operation of the system; 
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7. authorize, construct, and operate such system facilities, networks, and 
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programs as will best serve the public interest, convenience, and necessity, as 
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determined after consultation with the Secretary; and 
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8. to the extent feasible, ensure that the system is compatible and interoperable 
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with pre-existing health information technology equipment and systems. 
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SECTION 6. Office of the National Coordinator for Health Information Technology. -
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There is established within the Office of the Secretary of Health of the National Coordinator for 
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Health Information Technology. The Office shall be headed by a National Coordinator appointed 
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by the President, in consultation with the Secretary of Health. The National Coordinator shall 
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report directly to the Secretary. 
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Nothing in this section shall be construed as requiring the duplication of government 
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efforts with respect to the establishment of the Office of the National Coordinator for Health 
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Information Technology, regardless of whether such efforts are carried out before or after the 
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date of the enactment of this Act. 
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SECTION 7. National Corporation for Health Information Technology and Privacy. -
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There is authorized to be established a nonprofit national health information technology and 
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privacy corporation. The corporation shall be subject to the provisions of this Act. 
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SECTION 8. Incorporation. - Not later than 180 days after the date of enactment of this 
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Act, the President shall appoint 9 incorporators of the corporation who shall serve as the initial 
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board of trustees until their successors are elected in accordance with Section 8. Such 
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incorporators shall take whatever actions are necessary to establish the corporation, including the 
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filing of articles of incorporation, as approved by the President. 
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SECTION 9. Board of Trustees.· - The corporation shall have a board of trustees chaired 
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by the Secretary that shall consist of 9 individuals who shall be Filipino citizens. The Secretary 
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may provide for additional qualifications for trustees in the implementing rules of this Act. 
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SECTION 10. Terms. - The terms of service of the members of the board of trustees shall 
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be 3 years or until such time as their successors have been appointed, except that of the first 9 
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members of the board appointed under Section 9, 3 each shall serve for terms of 3, 4, and 5 
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years, respectively as designated by the President. Any member of the board appointed to fill a 
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vacancy shall be appointed only for the unexpired term of the member which he or she is 
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succeeding. A member may not serve consecutive terms. 
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SECTION 11. Chairperson. - The members of the board of directors of the corporation 
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shall at its first meeting and annually thereafter elect a member to serve as the chairperson of the 
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board. 
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SECTION 12. Chief Privacy OjJicer. - The president of the Corporation, in consultation 
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with the board of trustees, shall appoint a chief privacy officer of the corporation to ensure the 
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confidentiality and security of patient medical records. The chief privacy officer of the 
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corporation shall--
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A. ensure that the use of technologies by the corporation sustain, and do not erode, 
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privacy protections relating to the use, collection, and disclosure of personal 
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information; 
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B. ensure that personal information contained in any records maintained as part of the 
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technology and privacy system is maintained in full compliance with any applicable 
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privacy laws; 
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C. evaluate legislative and regulatory proposals involving the collection, use, and 
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disclosure of personal information by the National Government; 
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D. Conduct a privacy impact assessment of proposed rules and procedures of the 
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corporation on the privacy of personal information, including the type of personal 
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information collected and the number of individuals affected; and 
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E. submit annually to Congress a report on activities of the corporation that affect 
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privacy. 
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SECTION 13. Other OjJicers.- The corporation shall have a president, and such other 
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officers as may be appointed by. the board of trustees, who shall be compensated at rates fixed by 
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the board and serve at the pleasure of the board. No officer of the corporation shall receive any 
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salary from any source other than the corporation during the period of employment by the 
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corporation. 
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SECTION 14. Financing. - The corporation is authorized to issue bonds, debentures, and 
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such other financings or certificates of indebtedness as the board of trustees determines 
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appropriate to carry out its duties under this Act. 
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SECTION 15. Authorized Activities. - In order to achieve the objectives and to carry out 
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the purposes of this Act, the corporation is authorized to-
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A. plan, initiate, construct, own, manage, and operate itself or in conjunction with State 
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and local governments or business entities, a national health information technology 
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and privacy system; 
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B. furnish, for fees where appropriate and subject to licenses and confidentiality and 
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security reqnirements, access to individuals, and to authorized providers and payers 
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of health care ser.vices; 
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C. specify rules for allowing access (in accordance with applicable privacy laws) to 
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nonidentifiable health care data for public health and research purposes; and 
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D. own and operate such facilities as may be required to achieve the purposes of this 
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Act. 
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SECTION 16. Other Activities. - In addition to the activities authorized under Section 15, 
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A. conduct, or enter into contracts for the conduct of, research and development 
activities related to the mission of the corporation; 
B. acquire the physical facilities, equipment, and devices necessary for the operations of 
the corporation, including health information technologies and associated equipment 
and facilities, whether by construction, purchase, or gift; 
C. purchase or otherwise acqUIre health information and related services from the 
government; and 
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D. enter into contracts with authorized users of health information, including the 
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National Government, for the use of the services of the system. 
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SECTION 17. Business Plan. - - Not later than 6 months after the date on which the 
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corporation is incorporated under Section 7, the corporation shall file with the President and 
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Congress its initial business plan. 
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SECTION 18. Annual Report. - - Not later than I year after the date on which the 
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corporation is incorporated under Section 7, and each January 1 thereafter, tl~e corporation shall 
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prepare and submit to Congress a repOli that shall include a comprehensive description of the 
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activities and accomplishments during the year for which the report is prepared under this Act, 
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together with an evaluation of such acti:vities and accomplishments in terms of the attainment of 
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the purposes of this Act. Each such report shall include any recommendations of the corporation 
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for additional legislative or other action which the corporation may consider necessary or 
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desirable ror the attainment of such objectives. 
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SECTION 19. Audit. - - The corporation shall be subject to such external audits as may 
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be deternlined appropriate by the Secretary. 
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SECTION 20. Appropriation. - To carry out the provisions of this Act, such amount as 
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hereby necessary is hereby authorized to be appropriated from the National Treasury. 
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SECTION 21. Separability Clause. - If any provision or part hereof, is held invalid or 
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unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
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valid and SUbsisting. 
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SECTION 22. Repealing Clause. - Any law, presidential decree or issuance, executive 
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order, letter of instruction, administrative order, rule or regulation contrary to or is inconsistent 
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with the provision of this Act is hereby repealed, modified, or amended accordingly. 
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SECTION 23. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circnlation. 
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1 
Approved, 
/apm121208 
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