Republic of the Philippines
HousH oF REPRESENTATlvns
Quezon City, Metro Manila
NINETHENTH CONGRESS
First Regular Session
HousHisi`L^L~No.6111
Introduced by Representative CIRIACO 8. GATO, JR., MD, FPSO-IINS
AN ACT ESTABLISHING THE OVERSEAS FILIPINO WORKERS (OFW) HOSPITAL,
AND APPROPRIATING FUNDS THEREFOR
EXPLANATORY NOTH
Our Overseas Filipino Workers (OFWS) are considered as modem-day heroes for their
contributions to our country's economic development. In 2021, their remittances reached $34.9
billion which accounted for 8.9 percent of our gross domestic product (GDP). I
However, as they endure long hours of work in different environments, their health which
is one of their most important capital, is at constant risk. Based on research conducted under the
National Research Council of the Philippines, the most common health problems of our OFWs
are  diseases  related to  cardiovascular,  reproductive,  digestive,  and urinary  excretory  systems.
Hypertension, arthritis, and hepatitis are also the highest ones recorded among them. 2
With the high cost of private medical care, a hospital dedicated to providing them and
their dependents with quality and accessible healthcare will ease their concerns as they work
overseas.  What  could  be  a greater  way to  recognize  their  sacrifices  for our  country than to
establish a hospital that will care for them and their loved ones.
1 Agcaoilli, Lawrence, "OFW remittances hit all-time high in 2021,''
Fttps://www.philstar.com/business/2022/02/16/2161041/ofw-remittances-hit-all-time-high-2021,Feb.16,2022
COMMON  HEALTH  PROBLEMS AMONG OVERSEAS FILtpINO WORKERS (OFWS):  IMPLICATIONS TO PREVENTION
AND HEALTH SERVICES. Ramirez. Veronica. https://nrcp.dost.f!ov. ph/feature~articles/794-common-health-
problems-amom!-overseasiilipino-workers-ofws-implications+o-prevention-and-health-services
1


Centers that will cater to the the healthcare of OFWs and their dependents will also be
established  in  in  strategic  regions  and  provinces  to  facilitate  easier  access  to  those  who  are
residing in areas far from the cities or capital cities.
The support of the State is crucial in the promotion of our OFWs' socio-economic welfare
and protection, especially as they continue to face uncertainties in their lives and livelihood due
to the impact of the COVID-19 pandemic.
2


Republic of the Philippines
HOUSH 0F RHPRHSHNTATIVHS
Quezon City, Metro Manila
NINHTEHNTH CONGRESS
First Regular Session
HousE`L|L-LNo.6111
Introduced by Representative CIRIACO 8. GATO, JR., MD, FPSO-IINS
AN ACT HSTABLISHING THE 0VERSHAS FILIPINO WORKHRS (OFW) HOSPITAL,
AND APPROPRIATING FUNDS THHREFOR
SECTION 1. Short Title. - This Act shall be referred to as the "OFW Hospital Act of
2022„.
SHCTI0N 2. Declaration of Policy. -  It is hereby declared the policy of the State to
adopt an integrated and comprehensive approach to health development which shall endeavor to
make essential goods, health and other social services available to all people at affordable cost.
Further, the State shall protect the interest and promote the well-being of Filipino overseas
workers including their families and dependents through the provision of social welfare services.
SECTION 3. Definition of Terms. - As used in this Act:
a) OFW - refers to a person who is to be engaged, is engaged, or has been engaged in a
remunerated  activity  in  a  State  of which  the  person  is  not  a  citizen,  or  on  board  a  vessel
navigating the foreign seas other than a government ship used for military or noncommercial
purposes, or on an installation located offshore or on the high seas;3
b) Labor Migration - movement of persons from one state to another, or within their
3 https://lawphil.net/statutes/repacts/ra2016/ra_10801_2016. html
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own country of residence, for the purpose of employment;4
c)  Social  Economic  Force  -  refers  to  income,  education,  employment,  community
safety, and social supports that can significantly affect how well and how long we live. These
factors  affect our  ability  to  make  healthy  choices,  afford  medical  care  and housing,  manage
stress, and live soundly;5
e)  People-Oriented  Approach  -  means  taking  the  needs  and  voices  of people  into
account when designing, delivering, implementing, and evaluating public policies and services;6
I) Occupational Health - is an area of work in public health to promote and maintain
highest degree of physical, mental, and social well-being of workers in all occupations;7
g) DMW - referred hereinto as the Department of Migrant Workers. It is responsible for
the protection of the rights and promotion of the welfare of overseas Filipino workers (OFWs).
The department was created by virtue of Department of Migrant Workers Act or the Republic
Act No. 11641, which was signed by President Rodrigo Roa Duterte on December 30, 2021 ;8
h) DOH - referred hereinto as the Department of Health which is the principal health
agency in the Philippines. It is responsible for ensuring access to basic public health services to
all Filipinos through the provision of quality health care and regulation of providers of health
goods and services;9
i) DOLE - referred hereinto as the Department of Labor and Employment which is the
agency  responsible  in  promoting  employment  opportunities,  develop  human  resources  and
protects workers and their welfare and maintains industrial peace; t 0
j) OWWA -refereed hereinto as the Overseas Workers Welfare Administration which is
an attached agency of the Department of Labor and Employment (DOLE) and a membership
institution. It protects and promotes the welfare of OFWs and their dependents.   It was formerly
known as Welfare and Training Fund for Overseas Workers and was organized in 1977;I I
4https://home-affairs.ec.europa.eu/pages/glossary/labour-
migration_en#:~:text=Movement%20of%20persons%20from%20one,for%20the%20purpose%20of%20employmen
t.5https://www.countyhealthrankings.org/explore-health-rankings/measures-data-sources/county-health-rankings-
model/health-factors/social-and-economic-factors
7 https://www.who.int/health-topics/occupational-health
8 https://www.d mw.gov.ph/about-dmw
OECD (2019), `'Towards people-centric public services", in Government at a Glance 2019, OECD Publishing, Paris.
https://doh.gov.ph/about-us
10 https://www.dole.gov.ph/vision-mission-agenda/
" https://owwa.gov. ph/?page_id=115
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k)  POEA - referred  hereinto  as the  Philippine  Overseas  Employment Administration
which is the agency promoting partnership with all stakeholders, facilitates the generation and
preservation of decent jobs for Filipino migrant workers, promotes their protection and advocates
their smooth reintegration into Philippine society; andt 2
I)  GC-GOCC  -  referred  hereinto  as  the  Governance  Commission  for  Govemment-
Owned and Controlled Corporation was created under Republic Act No.10149 (RA No.10149),
otherwise known as the  "GOCC  Governance Act of 2011",  as the  central policy-making  and
regulatory  body  mandated  to  safeguard  the  State's  ownership  rights  and  ensure  that  the
operations of GOCCs are transparent and responsive to the needs of the public. 13
SECTION 4. Hstablishment of OFW Hospital. - There shall be established a hospital
with at least tertiary level of care to be known as "OFW Hospital," and shall primarily cater to
the medical needs of OFWs and their dependents.
The Hospital shall be developed consistent with the health care needs of the OFWs and
their  dependents  and  will  be  under  the  full  administrative  and  technical  supervision  of the
Department of Health (DOH), in close coordination with the Department of Migrant Workers
and its attached agencies.
Centers that will cater to the healthcare of OFWs and their dependents in strategic regions
and provinces will also be established in DOH hospitals to facilitate easier access to those who
are residing in areas far from the cities or capital cities.
SECTION 5. Purposes and Objectives. - The OFW Hospital shall have the following
purposes and objectives:
(a)  Provide  comprehensive  and  total  health  care  services  to  all  migrant  workers  including
Overseas Workers Welfare Administration (OWWA) contributors, whether active or non-active,
and their legal dependents; (b) Conduct medical examinations to ensure the physical and mental
12 https://www.d mw.gov.ph/a rchives/programs/progra ms&services. html
13 https://gcg.gov.ph/about-uS/
5


capability of would-be overseas contract workers duly covered by an approved job
order;
(c) Serve as primary referral hospital for repatriated OFWs needing medical
assistance and support;
(d)  Set up systems that will effectively monitor condition of patients and to generate relevant
health information and data for policy formulation; and (e) Participate in the health care provider
networks and arrangements relative to the implementation of Republic Act No.  11223,  or the
"Universal Health Care Act."
SHCTI0N 6. Powers, Functions, and Duties. - To accomplish its mandate, the OFW
Hospital shall have the following powers, functions, and duties:
a) Provides acute and complex services, emergency services (24/7) and inpatient services
to OFWs.
b)  Supports  other  health  care  providers  at  the  local  level  and  takes  on  public  health
responsibility (community outreach) to augment the support for OFWs in cities and remote areas.
c) Plays  a critical  role  in minimizing  impacts  in emergencies  ®reparedness,  response,
safety, security) whenever there is an immediate and imminent danger to OFWs.
d) Provides a principal setting for education and a base for clinical research to improve
health services rendered to OFWs. 14
SECTION 7. Creation of the OFW Hospital Board of Trustees and the Director of
the OFW Hospital - There is hereby created an OFW Hospital Trust, for the benefit of Filipino
OFWs,  to  be  administered  by  a  Board  of Trustees,  composed  of seven  (7)  members  to  be
appointed  by  the  President  of the  Philippines.  The  Director  of the  OFW  Hospital  shall  be
appointed by the Board of Trustees.
The Director of the OFW Hospital shall concurently serve as the Secretary- General of
the OFW Hospital Board of Trustees. The Director shall also act as the Chief Executive Officer
]4https://cdn.who.int/media/docs/default-source/integrated-health-services-(ihs)/csy/hospitals/hosp-
healthsystem-hospital-functions.pdf?sfvrsn=eb524bbl_7
6


of the OFW Hospital, with authority among others, to appoint, remove, and fix the compensation
of the personnel thereof, subject to the approval of the Board of Trustees.
Four (4) members of the Board of Trustees shall constitute a quorum to transact business
and any decision of such four members on any matter shall constitute a valid and binding act of
the OFW Hospital.
The Composition of the OFW Hospital Board shall be as follows:
1 ) Chairperson: Secretary, Department of Migrant Workers (DMW);
2) Co-Chairperson: Secretary, Department of Health (DOH);
3) Members:
• Secretary, Department of Labor & Employment (DOLE);
• Administrator, Overseas Workers Welfare Administration (OWWA);
•    Administrator,    Philippine    Overseas    Employment    Administration
(POEA);
•  One  (1)  representative  of land based  OFWs  from an accredited  OFW
organization; and
•  One  (1)  representative  of sea  based  OFWs  from  an  accredited  OFW
organization.
The  representatives  of  land-based  and  sea-based  OFWs  shall  be  appointed  by  the
President from a list of nominees of their OFW organizations as endorsed by the Chaixperson to
the President. Such nominees shall at least be forty (40) years of age, and an OFW with at least
five (5) years of work experience abroad at the time of his or her nomination.
7


The members of the Board may elect an alternate and submit the name to the President
for appointment. In case of vacancy, the head of the agency may nominate, subject to official
appointmentbythePresidentofthePhilippines.`5
SECTION 8. Powers, Duties and Responsibilities of the Board of Trustees - The
Board shall have the following powers, duties, and responsibilities:
a.  Determine  and  undertake,  in  coordination  with  the  Governance  Commission  for
Government-Owned   or   -Controlled   Corporations,   the   appropriate   steps   for   the   formal
establishment and incoiporation of the OFW Hospital in accordance with RA No.  10149 or the
"GOCC Governance Act of 2011," pertinent to the regulations and issuances of the DOH, and
other relevant laws, rules and regulations;
b.  Upon  incorporation  of the  OFW  Hospital,  assume,  perform,  and  carry-  out  the
functions  and responsibilities  of its  Board  of Trustees  in accordance  with relevant  laws  and
regulations, including the :
i. Formulation and implementation of measures and programs to effectively and
efficiently attain the objectives of the Hospital;
ii.   Formulation  and  promulgation  of  policies   for  the   sound  administration,
maintenance,  and  operations  of  the  Hospital  upon  consultation  with  the  Executive
Director;
iii. Appointment of a qualified and competent Executive Director to manage and
run   the   operations   of  the   Hospital   and   identification   of  histher   functions   and
responsibilities;
iv.  Determination  of the  organizational  structure  and  staffmg  pattern  of the
Hospital; and
15 Section 6 of HB No. 479;
8


v.  Such  other  functions  necessary  for  the  attainment  of the  objectives  of this
Act.16
SECTION 9. Duties and Responsibilities of the Chairperson of the OFW Hospital -
The Chairperson of the OFWII shall:
a. Establish an office in the OFW Hospital that shall assist in identifying, documenting,
processing  and  approving  applications  for  benefits  granted  to   OFWs  and  their  qualified
dependents;
b. Through the OWWA and POEA, establish a referral system within the OFW Hospital
to  ensure  efficient delivery  of medical  and health care  services to  OFWs  and their qualified
dependents, including the facilitation and conduct of pre-employment medical examinations of
departing OFWs;
c. Subject to availability of funds and resources, ensure that existing health benefits and
medical   assistance   programs   are   strengthened   to   include,   among   others,   subsidies   on
hospitalization and medical procedures for OFWs and their qunlified dependents; and
d. Perform such other functions and duties as the Board of Trustees may direct. `7
SECTION 10. Duties and Responsibilities of the Co-Chairperson of the OFWII -
The Co-Chairperson of the OFWII shall:
a.  Ensure that the necessary permits and licenses to  operate the Hospital are obtained,
consistent with all relevant issuances, rules, and regulations;
b. Endorse and encourage medical specialists in other government hospitals, such as the
Philippine  Heart  Center,  National   Kidney  and  Transplant  Institute,   Lung   Center  of  the
Philippines,  and  the  Philippine  General  Hospital,  among  others,  to  hold  clinics  in  the  OFW
Section 7 of HB No. 479;
Section 8 of HB No. 479;
9


Hospital,  and  provide  professional  services  to  OFWs  and  qualified  dependents,  and  its  other
patients; and
c. Perform such other functions and duties as the Board of Trustees may direct. 18
SECTION  11.  Agency  Support.  -The  DMW,  as  well  as  its  attached  agency,  the
OWWA,  are  directed  to  take  appropriate  steps  to  improve  the  access  of OFWs  and  their
dependents  to  health  care  services,  including  the  grant  of beneflts  and  medical  assistance
programs, subject to availability of funds and relevant laws, rules, and regulations.
AIl other agencies, departments, bureaus, offices, or instrunentalities of the government,
including other government-owned or-controlled corporations, are directed to render assistance
to the OFWH and the Board of Trustees for the effective implementation of this Act. 19
SEC. 12. Organizational Structure and Staffmg Pattern - The DOH, in coordination with
the Department of Budget and Management (DBM), shall deterinine the organizational structure,
staffing pattern, and list of plantilla positions of the OFW Hospital as it may deem necessary for
the effective performance of the Hospital's objectives, as well as the salaries of the persormel in
accordance with the salary standardization law of the civil service rules and regulations.
SHC. 13. Fees and Charges. - There shall be no pay ward in the OFW Hospital. As such,
no other fees or expenses shall be charged or be paid for by the OFWs and qualified dependents.
Doctors  practicing  in  the  OFW  Hospital  shall  not  be  allowed  to  bill  or  charge  for  separate
professional  fees  other  than  what  they  receive  from  the  government  and  such  applicable
reimbursements from the Philippine Health Insurance Corporation (PhilHealth).
SEC.  14.  Medical Assistance. - The  Secretary of the DMW shall ensure that existing
health  benefits  and  medical  assistance  programs  are  strengthened  to  include  subsidies  on
18 Section 9 of HB No. 479;
19 Section 10 of HB No. 479;
10


hospitalization and medical procedures for OFWs and qualified dependent.
SEC. 15. Referral System. - The DMW shall establish a referral system with the OFW
Hospital  and  OFW  Care  Centers  to  ensure  proper  delivery  of services  to  qualified  overseas
Filipino workers and their dependents.
SEIC.  16.  Joint  Executive  Oversight  Committee.  -  There  is  hereby  created  a  Joint
Executive   Oversight   Committee   to   review  the   implementation   of  this   Act  and  hospital
development plans for the OFW Hospital and OFW Centers nationwide. The Committee shall be
co-chaired by the Secretary of Health and the Secretary of Migrant Workers.
The Committee shall be composed of seven (7) members including its co-chairpersons.
The five (5) members  shall be appointed by the  Secretary of Health,  in consultation with the
Secretary of Migrant Workers, from the following stakeholders:  representatives of the OFWs,
their  families  or  organizations,  and  the  doctors  and  patients  in  the  OFW  Hospital.   The
Committee Members shall be entitled to per diem allowances.
SECTION  17.  Tax  Exemption  -  All  grants,  bequests,  endowments,  donations,  and
contributions  made  to  the  OFW  Hospital  to  be  used,  directly,  and  exclusively  by  the  OFW
Hospital  shall  be  exempt  from  donor's  tax  and  the  same  shall  be  considered  as  allowable
deduction from the gross income of the donor, in accordance with the provisions of the National
Internal Revenue Code of 1997, as amended.20
SHCTION   18.   Appropriations  -  The   Secretary   of  Health   shall   include   in  the
Department's program the implementation of this Act, the funding of which shall be included in
the  annual  General  Appropriations  Act.  The  OWWA  shall  also  include  in  its  benefits  and
medical assistance prograns for OFW the line-item budget necessary to improve the access of
OFWs and dependents to health care services.2]
20 Section 7 of HB's No. 1275, 1642 and 2058"
21 Section 8 of HB's No.1275,1642 and 2058**
11


SECTION 19. Annual Report - The Board of Trustees with the help of the Executive
Director, shall submit to the President, through the Executive Secretary, an annual report on the
implementation of this Act.22
SECTION 21. Imp]ementing Rules and Regulations -Within sixty (60) days from the
approval  of this  Act,  the  DOH,  in  coordination  with  DOLE,  OWWA,  Philippine  Overseas
Employment Administration (POEA) and other stakeholders, shall promulgate the implementing
rules and regulations (IRR) to cany out the provisions of this Act.23
SECTION  22.  Separability  Clause - If any provision of this  Act is  held invalid  or
unconstitutional,  the  same  shall not affect the validity and effectivity of the other provisions
hereof.
SECTION 23. Repealing Clause - All other laws, decrees, executive orders, and rules
and regulations contrary to or inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.
SECTION 24. Effectivity -This Act shall take effect after fifteen (15) days following
its publication in the Official Gazette or in a newspaper of general circulation.
Approved,
22 Section 12 of HB No. 479; version by Rep. Gloria Macapagal-Arroyo
23 Section 9 of HB's No. 1275, 1642 and 2058"
*_*yote: H.o_use Pill No. 2058 does not have Sec. 6. Joint Executive Overs.Ight Committee and Sec. 9 Implementing
Rules and  Regulations.
12