Introduced by Representative CHRISTIAN TELL A. YAP
EXPLANATORY NOTE
The State is duty bound to protect and promote the health of the people, including and more
appropriately  those  who  have  contributed  much  to  the  growth,  prosperity  and  welfare  of our
country.  Pursunnt  to  this  mandate,  establishing  free,  quahty  and  accessible  health  services  to
repatriate Overseas Filipino Workers (OFWs) and their families in the interest of their well-being
deserves utmost consideration and is hereby proposed.
Based on the latest survey by the Philippine Statistics Authority, there was an estimated
I .77 million OFWs who worked abroad from the months of April to September 2020.1  Overseas
employmentprovidesworktojob-seekingFilipinoswhointurnlargelycontributetothecountry's
economy through their remittances which in 2019 reached $30 billion (P1.56 trillion), estimated
to be about 8% of the Philippines' $377 billion (P19.52 trillion) economy.2
However,  due  to  differing  culture,  working  conditions  and  the  demanding  nature  of`
overseas  employment,  OFWs  often  are  vulnerable  to  abuse,  discrimination  and  exploitation.
OFWs suffer from numerous physical and mental health probleins due to risks associated with the
nature  of their  employments.  This  includes  heart  disease,  stroke,  pneumonia,  cancer,  kidney
ailments and other illness requiring medical procedures and preventive and longtime care.
Furthermore, as the primary consideration of oFWs in finding better opportunities abroad
is to provide for the welfare and security of their families despite the risks and hardships it entails,
knowing that the government prov].des free healthcare to their dependents and families they  left
behind will further ease their burden as overseas workers and will surely improve their well-being.
The contribution of our OFWs to the country 's economic development and nation-building
cannot be disregarded. Having been labeled as the new heroes of the country for their undeniable
and significant contribution to our economy. It is imperative that an integrated, comprehensive and
widely accessible approach to health development be adopted to adequately address and eventually
reduce the health risks faced by OFWs and their families.
The O/+TW'f7t>,gpito/ cz#c7 0ZW C¢7.L> Ce#ferL`' j4c/ aims to establish the tertiary OFW Hospital
and OFW Care centers in all DOH-retalned hospitals that will provide accessible, adequate, and
free medical services to all OFWs and their dependents.
t  See here:  https://psa.gov,ph/content/2020-overseas-fil ipino-workers-final-results
2 See here:  https:/fol ogs. I se. ac.uk/seac/2020/ 10/08/a-heros-wel come-repatri ated-overseas-fi li pj no-workers-and-
covid-19/


NINETEENTH CONGRESS
OF THE REPUBLIC 0F THE PHILIPPINI]S
First Regular Seclion
HOUSE 0F RIIPRESHNTATIVES
House B;|i.No.  5 9 2 8
Introduced by Representative CHRISTIAN TELL A. YAP
AN ACT
ESTABLISHING THE OVERSEAS FILIPINO WORKERS (OFW) HOSPITAL AND
OFW CARE CENTERS IN ALL DEPARTMENT 0F HEALTH-RETAINED
HOSPITALS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSHS
Be il enacted by the Senate and House Of Representatives in Congress assembled:
1                     S'EcrroIVJ. £feorJ I..fJe.--- This Act shall be known as the "OFW Hospital and OFW care
2       Centers Act".
4                    ffc. 2. Dcc/¢r&fr.o„ a/Po/I.c.t7. ~ It is the policy of the state to protect and promote the
5       right to health of the Filipino people and to instill health consciousness among them.  The state
6       shall adopt an integrated and comprehensive approach to health development.  Further, the state
7       shall  protect the  interest  and  promote  the  well-being  of overseas  Filipino  workers  (OFWs)  in
8       recognition of their importance and contribution to economic development and nation building.
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10                    SEC. 3. De#"i.fI.o# a/rer#rs. -As used in this Act, the following terms and phrases are
11        defined as follows:
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13                       (a)    Dcpc7€c7e#/Lg shall refer to any of the following:  (1) the legal spouse entitled by law to
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receive  support  from the  overseas  Filipino  worker;  (2) the  legitimate,  legitimated,
legally adopted, or illegitimate child who is unmarried, not gainfully employed, and
has not reached twenty-one (21 ) years of age, or if over twenty-one (21 ) years of age,
is congenitally incapacitated or while still a minor has been permanently incapacitated
and  incapable  of self-support,  physically  or  mentally;  or  (3)  the  parents  who  are
receiving regular support from the overseas Filipino worker;


1                      (b)   OiJer^tcc!.`' fJT;/jpj#o worfer /OFTpr) refers to a Filipino who is to be engaged, is engaged,
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or has been engaged in remunerated activity in a country of which he or she is not an
immigrant citizen, or permanent resident or is not awaiting naturalization, recognition,
or  admission,  whether  land-based  or  sea-based  regardless  of  status;  excluding  a
Filipino  engaged  under  a  government-recognized  exchange  visitor  program  for
cultural and educational purposed. For purposes of this provision, a person engaged
in  remunerated  activity  covers  a  person  who  has  been  contracted  for  overseas
employment but has yet to  leave the Philippines,  regardless  of status  and includes
"Overseas Contract Workers". The term "OFW" is synonymous to "Migrant Worker" ;
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11                      (c)    (JF7y cczre cLp#/er refers to a unit or department in a DOH-retained hospital that offers
12                              services   primarily   to   OFWs   and   their   dependents,   addressing   their   particular
13                              conditions and providing specific procedures and management of cases.
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+5                    SEC. 4. Establishment of the OFW Hospitoil. ~ The overseas FIlipino workers Hospital
16       andDiagnostic center located in sanFemando, Pampanga shall be known as the "OFW Hospital".
17       The OFW  Hospital  shall have at least tertiary  level of care and shall  primarily cater to  and be
18       developed consistent with the medical needs of overseas Filipino workers and their dependents;
19       f'rovz.c7ecJ, That nothing herein shall prevent the OFW Hospital from accommodating other patients
20       requiring immediate medical attention.
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22                     The  OFW  Hospital  shall  be  under  the  administrative  and  technical  supervision  of the
23       Department  of Health  (DOH);  J'rov7.det/,  That  in  the  performance  of its  mandate  as  herein
24       provided, the DOH shall closely coordinate and consult with the Department of Migrant workers
25       (DMW), the Administrator of the overseas workers welfare Administration (OWWA), and its
26       other  attached  agencies  with  regard  to the  medical  and mental  needs  of the  overseas  Filipino
27       workers and their dependents.
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29                    The DOH, in consultation with the DMW, shall prepare a development plan to reflect the
30       objectives of the OFW Hospital.
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32                     ^9EC.  5.  Otyiecfl.veg. ~ To ensure the availability, accessibility and affordability of quality
33       health care, the OFW Hospital shall have the following main objectives:


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(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 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  wiu  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."
18                   SEC. 6. Establishment of OFW care centers. ~ Orw care centers are hereby estalDlished
19       jn DOH-retained hospitals. The level ofoFW services and corresponding facilities I.n OFW care
20       centers and their respective health human resource requirements shall be determined by the DOH,
21       in coordination with the secretary of the DMw and the owwA Administrator: J'rov;dec7, That
22       the  standards  to  be  adopted  thereon  shall  be  consistent  with  the  Philippine  Health  Facility
23       Development plan and section 5 ofthjs Act.
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2,5                   SEC. 7. Organicational structure ttnd staf f iing pattern -The DC)H. in coordination wi+h
26       the Department of Budget and Management (DBM), shall determine the organizational structure,
27       staffing pattern, and list ofplantilla positions of the OFW Hospital as it may deem necessary for
28       the effective performance of the Hospital's objectives, as well as the salaries of the personnel in
29       accordance with the salary standardization law of the civil service rules and regulations.
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31                     SEC.  8. Fees fl!„d Cfe¢rges. -There shall be no pay ward in the OFW Hospital. As such,
32       no other fees or expenses shall be charged or be paid for by the oFWs and qualified dependents.
33       Health  professionals practicing in the OFW  Hospital  shall  not be allowed to bill  or charge  for
34       separate professional fees other than what they receive from the government and such applicable
35       reimbursements from the philippine Health Insurance corporation (PhilHealth).
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2                     ^SEC. 9. Medi.c¢J j4ssl.sffl#cei -The secretary of the DMW shall ensure that existing health
3       benefits and medical assistance programs are strengthened to include subsidies on hospitalization
4       and medical procedures for oFWs and qua]ified dependents.
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6                   SEC.  JO. Rc/erm!J sysJem  -The DMW shall establish a referral  system with the OFW
7       Hospital and OFW care centers to ensure proper delivery of services to qualified overseas Filipino
8       workers and their dependents.
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+0                    SEC.1].  Joint  Executive  Oversight  Committee.  -There  is  heleky  created  a  ]ohi
11        Executive   Oversight   Committee   to   review   the   implementation   of  this   Act   and   hospital
12       development plans for the OFW Hospital and OFW care centers nationwide.
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14                     The committee shall be co-chaired by the secretary ofHea]th and the secretary ofMjgrant
15        Workers.
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17                     The committee shall be composed of seven (7) members including its co-chairpersons, the
18       0WWA Administrator, DMW undersecretary for the Land-based, and the DMW undersecretary
19       for the sea-based oFWs. The two (2) othermembers shall be appointedby the secretary ofHealth,
20       in consultation with the secretary of Migrant workers, from any of the following stakeholders:
21       representatives of the oFWs, their families or organizations, and the doctors and patients in the
22       0FW Hospital. The committee Members shall be entitled to per diem allowances.
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24                    SEC. J2. run-Ex:exp/z'ora -All grants, bequests, endowments, donations and contributions
25       made to the OFW Hospital to be used actually, directly and exclusively by the OFW Hospital shall
26       be exempt from donor's tax and the same shall be considered as allowable deduction from the gross
27       income of the donor, in accordance with the provisions of the National Internal Revenue code of
28        1997,asamended.
29                     The  importation  of equipment,  machinery  and  spare  parts  which  are  used  solely  and
30       exclusively  for the operation of the OFW Hospital and are not available locally shall be exempt
31       from value-addedtax and customs duty.
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2                   SEC.  I 3. Coordination with and Assistance from otl.er Governi!nent Agencies. ~ The
3       DOH shall collaborate with the DMW in the development of the programs and services of the
4       0FW   Hospital.    It   may   hkewise   call   upon   any   department,   bureau,   office,   agency,   or
5       instrumentaljty of the government for assistance, in the pursuit of the purposes and objectives of
6       this Act.
8                    SEC.  J4.  4pprapH.a/I.our.  -The  Secretary  of Health shall  include  in the Department's
9       program the  implementation of this Act,  the  funding of which  shall be  included in  the  annual
10       General Appropriations Act. The owwA shall also include jn its benefits and medical assistance
11       programs for oFw the line item budget necessary to improve the access ofoFWs and dependents
12       to healthcare services.
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L4                   SEC.15.  Implementing  Rules  and  Regulations.  -Wthin  stry  (60)  days  £Ton  the
15       approval of this Act, the DOH, in coordination with DMW, OWWA, and other stakeholders, shall
16       promulgate the implementing rules and regulations (IRR) to carry out the provisions of this Act.
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18                     EEC.   J6.   Sepam!bi./try   CJ¢wsc.   -  If  any   provision   of  this  Act   is   held   jnvah.d   or
19       unconstitutional, the same shall not affect the validity and effectjvity of the other provisions hereof.
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21                     SEC.  J7.  Repe¢/;.#g CJ¢w,§c.  -All  other laws,  decrees,  executive orders,  and rules  and
22       regulations  contrary  to  or  inconsistent  with  the  provisions  of this  Act  are  hereby  repealed  or
23       modified accordingly.
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25                     SEC.  J8.  Ej7ecfl.vrty. ~ This Act shall take effect fifteen (15) days after its publication in
26       the official Gazette or in a newspaper ofgenera] circulation.
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2.S                       A|]prt]ved.
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