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Republic of the Philippines fe R ECEIVED = \

HOUSE OF REPRESENTATIVES [3 p.qyewUL_12 202%

| Quezon City 12

NINETEENTH CONGRESS
First Regular Session

yo 1829

HOUSE BILL NO.

| Introduced by Rep. Ray Florence T. Reyes
T

EXPLANATORY NOTE

The health and well-being of all is an inalienable right granted to alll citizens of our
country and we must ensure that quality health care is readily available to all.

lhile our medical practitioners and others who belong to the healthcare profession
are protected by laws and receive proper compensation for their services, our Barangay
Health Workers who provide accessible and quality medical assistance to our
constituents in the grassroots do not enjoy the same rights and protection from the law.
This bill Seeks to address that disparity by strengthening and protecting the well-being of
our Barangay Health Workers by providing them with a competitive honoraria, benefits,
and continuing education so that they may continue providing services to our citizens at
the most basic level of society.

In view of the foregoing, the passage of this bill is earnestly sought.

| wn flit re

Representative, ANAKALUSUGAN Partylist



Republic of the Philippines
HOUSE OF REPRESENTATIVES
| Quezon City

NINETEENTH CONGRESS
First Regular Session

| HOUSE BILL NO. 1829

| Introduced by Rep. Ray Florence T. Reyes

AN/ACT PROVIDING FOR THE MAGNA CARTA OF BARANGAY HEALTH
| WORKERS

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress 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 “Magna Carta of Barangay
Health Workers”.

SECTION 2. Declaration of Policy. — It is hereby declared the policy of the State to
protect and promote the right to health of people and adopt an integrated and
comprehensive approach to health development. Pursuant thereto, it shall endeavor to
make essential goods, healthcare, and other social services available to all the people.
In line with the country's commitment to accomplish health indicator targets under United
Nations’ Millennium Development Goals (MDGs), the State shall adopt policies that
promote the welfare and well-being of barangay health workers who are the forefront of
the delivery of healthcare at the grassroots level, and which shall effectively harness their
potential as partners in development.

SECTION 3. Definition. — As used in this Act, the term “barangay health worker’ refers
to a person who has undergone training under any accredited government and
nongovernment organization and who voluntarily renders primary healthcare services in
the community after having been accredited to function as such by the local health board
in accordance with the guidelines promulgated by the Department of Health (DOH)
pursuant to Section 3 of Republic Act No. 7883 otherwise known as the “Barangay Health
Workers! Benefits and Incentives Act of 1995.”



the local health board in the city or municipality in which they render service. The
registered health workers shall be given appropriate proof of said registration. The
municipal and city health offices shall regularly maintain and update the BHW Registry
with the assistance of the BHW Federation and shall submit the same to the municipal or
city health board. The local health offices shall submit a copy of their respective updated
BHW registry to the Provincial Health Office which shall consolidate all registries. Upon
the validation of the Provincial BHW Federation, the consolidated Provincial Registry shall
be submitted to the Provincial Health Board, and the same shall be posted in the
municipal or city bulletin boards and barangay health centers.

The Provincial BHW Registry shall be submitted on or before April 30 of every year to the
DOH at the regional and national levels for consolidation. The DOH is hereby mandated
to maintain a national register of BHWs.

In order to qualify for registration, a barangay health worker must:

teal 4. Registration. - Barangay health workers (BHWs) shall be registered with

a) Have rendered basic community health care services continuously and
satisfactorily for at least six (6) months immediately preceding the date of the filing
application for registration in the barangay as certified by the Rural Health
Midwife (RHM) or public health nurse assigned to the barangay and by the head
of the barangay health workers association;
b) Have completed the basic orientation and training for BHWs as prescribed by the
DOH and conducted by an accredited government agency, or DOH-recognized
academic institution, or nongovernmental organization (NGO);

©) Be at least eighteen (18) years of age at the date of the filing of the application for
jistration; and,

d) Be physically and mentally fit.

Provincial Health Office and DOH, to provide the BHW applicants with basic orientation

It shall be the duty of the municipal and city health offices, in cooperation with the
and training within six (6) months from the date of approval of their application.

SECTION 5. Accreditation. - To further professionalize the health care services
rendered by the BHWs and ensure the health and welfare of the community, a duly
registered BHW must be accredited by the municipal or city health board.

The municipal or city health board shall issue the certificate of accreditation to qualified
BHWs. In order to qualify for accreditation, the applicant BHW must:

(a) Be registered in accordance with Section 4 hereof;

(b) Have completed in the locality at least two (2) years of continuous and satisfactory
service immediately prior to the filing of application for accreditation;



(c) Have completed a regular training program on health care service and community-
based health program, that would upgrade and develop the skills and competency
of BHWs to perform their roles. The training program shall be institutionalized by
the DOH, in cooperation with local government units (LGUs).

|
It shall be the duty of the municipal and city LGUs, in cooperation with the provincial
government and the DOH, to provide the applicant BHWs the necessary support and
opportunities for accreditation.

A BHW must complete the regular training program on health care service and
community-based health program within five (5) years from registration.

The municipal and city health boards or through their registration and accreditation
committee shall act on the applications for accreditation of BHWs not later than thirty (30)
days from the date of application.

The DOH shall also maintain an updated roster of accredited BHWs that is accessible to
the general public.

SECTION 6. Number and Role of Barangay Health Workers. — Notwithstanding the
limitations prescribed under Section 325(a) of Republic Act No. 7160, as amended,
otherwise known as “The Local Government Code of 1991”, each barangay shall at least
have one (1) BHW for every twenty (20) households.

As one of the key partners in a reformed healthcare delivery system, the DOH and LGUs

shall support the roles of BHWs as:

(a) Advocate - to support, promote and champion current health programs, projects,
and activities to improve access to quality health services towards the improved
health status of the community;

(b) Educator - to guide and advise the community on the current DOH and health
priorities of LGUs such as importance of birth plan and facility-based delivery in
reducing maternal and infant deaths; newborn screening for the early detection of
congenital metabolic disorders which may lead to mental retardation and even
death, among others;

(c) Disseminator - to maintain regular communication with local professional health

rkers on health events and updates and concerns relevant to the community
and inform the same to the community for appropriate action, if necessary;

(d) Coordinator - to facilitate access to any group or association of the community with
a relevant network of or specific health and non-health service providers;

(e) Record Keeper - to maintain updated records of health data, health activities and
events in the community;

(f) Health Care Service Provider — to assist and provide basic healthcare services as
yy be needed in the community in any health event.



ABHW not be required to engage in any partisan political activity.

SECTION 7. Mandatory Appointment of Barangay Health Worker (BHW). - There
shall be appointed at least one (1) BHW in every barangay for every twenty (20)
households who shall be under the supervision and control of the DOH. The BHW so
appointed shall coordinate closely with the local government health officer in the
implementation of health programs in the locality.

As far as practicable, the BHW to be employed must be a resident of the barangay.

The DOH shall determine the ratio of barangay health workers according to the number
of households: Provided, That there shall be at least one (1) BHW for every twenty (20)
households: Provided, further, That the total number of barangay health workers
nationwide shall not be less than one percent (1%) of the total population.

SECTION 8. Incentives and Benefits. — All BHWs who are actively and regularly
performing their duties shall be entitled to monthly honoraria equal to Salary Grade 8 as
indicated by the Department of Budget and Management subject to the availability of
funds, in addition to the following incentives and benefits:

(a) Privileges for the BHWs. - All accredited BHWs shall be entitled to twenty percent
(20%) discount on all the items enumerated under Section 4(a) of Republic Act
No. 9994 otherwise known as the “Expanded Senior Citizens Act of 2010":
Provided, That the privileges shall not be claimed if the BHW is eligible for a higher
cipoount that may be granted by the commercial establishment or other existing
laws.

The commercial establishment may claim the discount granted under this Section
as tax deduction based on the cost of goods sold or services rendered: Provided,
That the discount shall be allowed as deduction from the gross income for the
same taxable year that the discount is granted: Provided, further, That the total
amount of the claimed tax deduction net of value-added gross sales receipt for tax
purposes and shall be subject to proper documentation and to the provisions of
the National Internal Revenue Code of 1997, as amended.

(b) Hazard Allowance. — All accredited BHWs shall be entitled to hazard allowance in
an amount to be determined by the local health board of the LGU concerned, which
inno case shall be less than One thousand pesos (P1,000.00) per month, subject
to existing laws, rules, and regulations;

(c) Subsistence Allowance. — All accredited BHWs who render service within the
premises of isolated barangay health stations shall be entitled to subsistence
allowance equivalent to the meals they take in the course of their duty, which shall
be computed in accordance with prevailing circumstances as determined by the



LGU concerned. such allowance shall, in no case, be less than One hundred
pesos (P100.00) per day;

(d) Transportation Allowance. — All accredited BHWs, in the performance of their
Official duties, shall be entitled to a transportation allowance of not less than One
thousand pesos (P1,000.00) per month, subject to auditing rules and regulations;

(e) One-time Retirement Cash Incentive. — An accredited BHW who has continuously
and satisfactorily served for at least fifteen (15) years shall be entitled to a one-
time retirement cash incentive of not less than Ten thousand pesos (P10,000.00)
in| recognition of their loyalty and dedication, which shall be borne by the
municipality or city concerned. The provincial government may provide assistance
for this purpose, in the case of component cities;

(f) Training, Education and Career Enrichment Programs. - The DOH shall, in
coordination with the Department of Education (DepEd), Commission on Higher
Education (CHED), Technical Education and Skills Development Authority
(TESDA), DOH-recognized academic institutions, other concerned agencies and
Nongovernment organizations, provide information on and opportunities for
education and career enrichment for accredited BHWs, such as in the following
programs:

(1) Educational programs which credit the years of primary healthcare service

of the BHW towards higher education completion in institutions with

| stepladder curricula thus allowing them to upgrade their skills and

knowledge for community work or to pursue further training as midwives,
pharmacists, nurses or doctors;

(2) Continuing education, study and exposure tours, grants, field immersion,
and scholarships, among others;

(3) Scholarship benefits in the form of tuition fees in state colleges, to be
granted to one (1) child of every barangay health worker who will not be
able to take advantage of the programs described in paragraphs (1), (2),
and (3) thereof; and

|) Special training programs such as traditional medicine, disaster
|” preparedness and other programs that address emergent community health
problems and issues.
(g) Health Benefits. — All accredited BHWs shall be entitled to the following health
benefits during their incumbency:

(1) Free medical care, including surgery and surgical expenses medicines, x-
ray and other laboratory fees, when confined in any public hospital or health
institution;

(2) Emergency assistance not exceeding the amount of Five thousand pesos

|” (P5,000.00) chargeable against the fund of the barangay concerned, for
expenses incurred in the nearest private hospital or clinic in case of extreme
emergency where there is no available public hospital;



(3)Mandatory and immediate membership in the PhilHealth as indirect
contributors.

The LGUs concemed shall also endeavor to provide other health benefits to accredited
BHWs not otherwise provided by law;

(h) Insurance Coverage. — Accredited BHWs shall be granted insurance coverage and
benefits by the Government Service Insurance System (GSIS) which shall be
borne by the LGU concerned. For this purpose, the GSIS shall design an insurance
benefit package suited to the needs and unique circumstances of the BHWs;

Sick, Vacation and Maternity Leaves. — All accredited BHWs shall be entitled to
sick, vacation and maternity leaves as may be prescribed in the implementing rules
and regulations of this Act: Provided, That, the BHWs shall continue to receive
their monthly honoraria while on leave, for such period in accordance with existing
laws and practices.

Cash Gift. — All accredited BHWs are entitled to a cash gift not less than the
minimum monthly honoraria to be given every December from the general fund of
the barangay or from such other funds appropriated by the national government
for the purpose;

(k) Disability Benefit. - An accredited BHW who sustains an injury or falls ill in the
urse of the performance of their duties shall be entitled to Two thousand pesos
(P.2,000.00) for every year of service.

(I) Civil Service Eligibility. — A first grade eligibility shall be granted to accredited
BHWs who have rendered three (3) years continuous service as such: Provided,
That should a BHW become a regular employee of the government, the total
numbers of years served as such shall be credited to the BHW’s service in the
computation of retirement benefits.

No person duly accredited as a BHW shall be removed except for a valid cause to be
determined by the Local Health Board (LHB): Provided, That if found to be unjustly
removed from service, a BHW shall be entitled to his reinstatement without loss of benefits
and incentives from the time of termination up to the time of reinstatement. The LHB shall
resolve termination cases against a BHW judiciously not later than ninety (90) days from
the receipt of a complaint.

() Free Legal Services. - Legal representation and consultation services shall be
immediately provided by the Public Attorney's Office to a BHW in cases of
coercion, interference, and in-ether civil and criminal cases filed by or against the
BHW arising out of or in connection with the performance of their duties as such.

(m) Preferential Access to Loan Facilities. - The DOH in coordination with other
ae oe government agencies shall provide, within one hundred eighty (180)

(i

¢

days after the effectivity of this Act, a mechanism that shall provide organized
BHWs access to loan services. The agencies providing loan services will set aside
‘one percent (1%) of their loanable funds for organized BHW groups that have
community-based income generating projects in support of health programs or
activities.



SECTION 9. Review by the Local Health Board. — Every incentive or benefit for BHWs
requiring expenditure of local funds shall be reviewed and approved by the LHB. Such
benefits and incentives may be increased, upon review of the LHB, after considering,
among others, the present Consumer Price Index (CPI) as published by the Philippine
Statistics Authority (PSA).”

SECTION 10. Discrimination Prohibited. — Discrimination against any BHW by reason
of gender, civil status, creed, religious or political beliefs and ethnic groupings in the
exercise of their functions and responsibilities is hereby prohibited.

SECTION 11. Protection of BHWs. — The municipal, city, provincial governments and
the Department of the Interior and Local Government (DILG) shall establish a grievance
mechanism as a means of processing complaints of BHWs against alleged acts of
discrimination and unjust removal from the service. A BHW may appeal their grievances
to the DILG.

SECTION 12. Right to Self-organization. - A BHW shall have the right to freely form,
join or assist organizations to obtain redress of their grievances through peaceful
concerted activities, in a manner not contrary to law, and with utmost regard to service to
patients and the continuous operation of barangay health services in the interest of public
health, safety, or survival of patients,

SECTION 13. Representation in the Local Health Board and Primary Health Care
Provider Network. — The president of the municipal or city association of BHWs shall be
a member of the municipal or city local health board. The presidents of the association of
BHWs of each component city and municipality associations of a province shall elect from
among themselves their representative to the provincial health board: Provided, That, the
BHW representatives to the health boards shall not be allowed to vote on the registration,
accreditation and disciplinary or removal complaints of BHWs.

The BHWs shall also form part of the healthcare provider network and shall participate in
the implementation of healthcare services and programs.

SECTION 14. Continuous Capacity Building for BHWs. — The DOH shall conduct
continuous capacity building for BHWs to enhance and upgrade their knowledge and
skills, including training programs conducted online and in major Philippine languages
and their respective dialects.

The DOH shall, in coordination with TESDA and other concerned agencies shall also
assist the LGUs in the development of education modules or materials that highlight the
collective experiences and learnings of BHWs and the use of traditional and
complementary medicine.



The LGUs shall endeavor to establish their own training centers for their BHWs and other
health warkers in coordination with TESDA, NGOs, and other agencies concerned.

The LGUS shall also implement a development program for BHWs that will allow them to
benefit from ladderized training as provided under Republic Act No. 10968, otherwise
known as the “PQF Act,” and Republic Act No. 10647, otherwise known as the
“Ladderized Education Act of 2014,” including academic credits for health-related
courses.

SECTION 15. Penalty Clause. — Any local government official who violates any provision
of this Act may be administratively and criminally charged in accordance with law.

SECTION 16. Appropriations. - The amount necessary for the implementation of this
Act shall be charged against the National Tax Allotment (NTA) of the LGUs, other local
funds and the special health fund under Republic Act No. 11223 otherwise known as the
“Universal Health Care Act”.

SECTION 17. Implementing Rules and Regulation. — The DOH and the DILG shall, in
consultation with the DepEd, the CSC, the GSIS, and other concerned government
agencies and nongovernmental entities, promulgate the rules and regulations to
implement this Act not later than one hundred eighty (180) days from the effectivity of this
Act.

SECTION 18. Separability Clause. — If any portion or provision of this Act is declared
invalid or unconstitutional, other provisions hereof shall remain in full force and effect.

SECTION 19. Repealing Clause. — Republic Act No. 7883 otherwise known as the
“Barangay Health Workers’ Benefits and Incentives Act of 1995” is hereby repealed. All
laws, decrees, executive orders, rules and regulations, which are inconsistent with this
Act are hereby repealed, or modified accordingly.

SECTION 20. Effectivity. — This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in a national newspaper of general circulation.

Approved,