HUUSEOF R

Republic of the Philippines RECEIVED
HOUSE OF REPRESENTATIVES pare 24 AUG 2016
Quezon City 7)
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ey: .
SEVENTEENTH CONGRESS jh
First Regular Session PEOISTR ATION UNIT

BILLS 2x0 inor x SERVICE

House Bill No. 3310

Introduced by Representative GLORIA MACAPAGAL ARROYO

AN ACT
MAKING AVAILABLE ELECTRONIC MEDICAL RECORDS OF ALL PATIENTS OF
HOS PITAL AND CLINICS ESTABLISHING FOR THIS PURPOSE THE
ELECTRONIC MEDICAL RECORD CENTER UNDER THE DEPARTMENT OF
HEALTH, APPROPRIATING FUNDS THEREFORE AND FOR OTHER PURPOSES.

EXPLANATORY NOTE

Republic Act No.8792 or the Electronic Commerce Act of 2000 was passed by
the Congress with the end in view of making transaction easier and faster both in offices
in the public and private sectors. With this law as guide, offices have conceptualized
innovative ways to go paper-less in transactions, making life of easier for Filipino.

In furtherance of R.A. 8792, this bill is being introduced to provide easy access to
‘our own medical records electronically over the internet to save time, money and effort
Obtaining vital patient medical information especially in emergency cases can help
avoid unnecessary loss of lives.

The efficient and timely provision of healthcare services is crucial. It should
therefore take advantage of the many benefits of Information and Communications
Technology (ICT). Such benefits provided by on-line transaction should be exhaustively
tapped in order to protect and save lives

| therefore enjoin my colleagues to ensure the immediate passage of this
proposed measure into law.

GLORIA M. AGAL ARROYO
2” District, Pampanga

TATIVES



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 33.10

Introduced by Representative GLORIA MACAPAGAL ARROYO

AN ACT
MAKING AVAILABLE ELECTRONIC MEDICAL RECORDS OF ALL PATIENTS OF
HOS PITAL AND CLINICS ESTABLISHING FOR THIS PURPOSE THE
ELECTRONIC MEDICAL RECORD CENTER UNDER THE DEPARTMENT OF
HEALTH,APPROPRIATING FUNDS THEREFORE AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines
in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the "Electronic Medical
Records Act of 2016"

SECTION 2. Declaration of Policy. - It is hereby declared 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 the
people. Towards this end, State shall encourage the use of Information and
Communications Technology (ICT) for the fast, easy and reliable access to medical
records of all patients by making available online their medical information in order to
benefit them in times of emergency and immediate needs for the records.

SECTION 3.Definaton of Terms. - For the purpose of this Act, the following term
shall mean:

1.) Electronic Medical Records - shall refer to the medical background and
history of medical service provider's patient and such other information to be
designed and developed by the Records Center. It shall come in a standard
electronic format.

2.) Medical Service Providers - shall refer to all medical practitioners, hospitals,
clinics, centers and other similar institutions that provide medical care service
and assistance.

3.) Medical Practitioners - shall refer to licensed physicians practicing in urban
cities and municipalities.

4.) Department - shall refer to the Department of Health (DOH).

5.) Records Center - shall refer to Electronic Medical Records Center created
under this Act.


6.) Secure Socket Layer - Also known as SSL is a technology which negotiates
and employs the essential function of mutual authentication, data encryption
and data integrity for secure transactions. The SSL security protocol provides
data encryption, server authentication, message integrity, the client
authentication for a TCP/IP connection

7.) 128-bit Encryption — represent a very strong method of encryption generated
by every encrypted transcation. The process of encryption hides data or the
contents of a message in such a way that the original information can be
recovered through a corresponding decryption process. Encryption and
decryption are common techniques in securing data communications.

SECTION 4. 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 in electronic records to be printed and stored as backup
records.

All concerned medical service provides 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

The electronic medical records facilities aside from the keeping records, shall
likewise provide for an electronic facility where patients and medical service providers
can communicate on-line either in real time or off-line.

SECTION 5. Electronic Medical Records Center..-There shall be created an
Electronic Medical Records Center to be placed under the Office of the Secretary of the
Department of Health. The Center shall serve as a hub of all databanks of medical
records and other pertinent information to the patient's medical history.

The records center shall generate specialized software to be distributed and
used as the standard platform for the maintenance, updating, uploading and making
available electronic Medical Records.

The center shall enforce strict compliance with the uploading and updating of
electronic medical records as provided for in this act.

SECTION 6. Security Features of Electronic Medical Records. - In order to
assure the privacy of all medical records, electronic communication and transactions
shall use existing 128-bit encryption or higher form of Secure Socket Layer (SSL)
technology which may be devised in the future.

The security features of the electronic medical records shall likewise comply with
the security provisions as provided for in RA 8792 or the Electronic Commerce Law of
10

SECTION 7.Funding .- There is hereby authorized to be appropriated for the
implementation of this Act the amount of Ten Million Pesos (10,000,000.00) for the
initial operations of the Electronic Medical Records Center as an attached agency of the
department. Thereafter, such amount needed to implement this Act shall be included in
the Annual Appropriations Act of the Department.


SECTION 8. Implementing the Rules and Regulations (IRR). - The Department
shall create a special committee to draft the Implementing Rules and Regulations
governing this Act. Within three (3) months from the effectivity of this Act, the special
committee shall submit the IRR to the Secretary of the Department who shall approve it
within thirty (30) days.

SECTION 9. Separability Clause. - If any provision of this Act or the application
of such provision to any person or circumstances is held invalid, the remainder of this
Act or the application of such provision to the other person or circumstances shall not
be affected thereby.

SECTION 10. Repealing Clause. - All laws, rules or orders inconsistent with the
provision of this Act are hereby repealed,

SECTION 11. Effectivity Clause.-This Act shall take effect upon completion of its
publication in at least two (2) national newspaper of general circulation.

Approved,