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Republic of the Philippines
‘House of Representatives
Quezon City, Metro Mavila

TWENTIETH CONGRESS
First Regular Session

296

HOUSE BILL NO.

Introduced by REPRESENTATIVE ALYSSA MICHAELA “MICA” M. GONZALES

AN ACT
ESTABLISHING THE OVERSEAS FILIPINO WORKERS HOSPITAL AS A LEVEL Ill
HOSPITAL UNDER THE DIRECT SUPERVISION AND CONTROL OF THE DEPARTMENT
OF MIGRANT WORKERS, AND APPROPRIATING FUNDS THEREFOR

EXPLANATORY NOTE

This bill seeks to further strengthen the Overseas Filipino Workers (OFW) Hospital which
caters to the medical needs of our OFWs as well as their dependents. Since the start of its
‘operation, the demand for its services over the years have steadily risen, putting great strain
on its available resources. Despite their earnest hope to expand their operations, they are
limited by the current framework that they work under thereby affecting the availability of
services they can provide.

Hence, there is a need to further empower the OFW Hospital, expand its capabilities under
the direct supervision of the Department of Migrant Workers and increase the financial support
it needs. After all, they serve our OFWs and their families—giving our modem day heroes
peace of mind, knowing that they and their families’ access to decent healthcare services is
‘secured by the government. It is only proper to help our OFWs whom for decades have been
contributing massively in the economic progress of our country.

It is for these reasons that the passage of this bill is most earnestly sought.

ml

REP. ALYSSA ical LA “MICA” M. GONZALES
3° District, Pampanga



CONGRESS OF THE PHILIPPINES
‘TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. 236

Introduced by REPRESENTATIVE ALYSSA MICHAELA “MICA” M. GONZALES

AN ACT
ESTABLISHING THE OVERSEAS FILIPINO WORKERS HOSPITAL AS A LEVEL Il!
HOSPITAL UNDER THE DIRECT SUPERVISION AND CONTROL OF THE DEPARTMENT
OF MIGRANT WORKERS AND APPROPRIATING FUNDS THEREFOR

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 “Overseas Filipino Workers
Hospital Act.”

SEC. 2. Declaration of Policy. - It is 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. To this end,
‘the State shall protect the interest and promote the well-being of overseas Filipino workers
(OFW) through the provision of social welfare services in recognition of their importance and
contribution to economic development and nation-building.

SEC. 3. Definition of Terms. - As used in this Act:
(a) Dependents shall refer to any of the following:
(1) The legal spouse entitled by law to receive support from the OFW;

(2) The legitimate, legitimated, legally adopted, or illegitimate child who is
umarried, 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 OFW;

(b) OFW refers to a Filipino who is to be engaged, is engaged, or has been engaged
ina remunerated activity in a country of which the said person is not an immigrant
citizen, or a permanent resident of, 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 a cultural and
educational purposes. For purposes of this Act, 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 with ‘Migrant Worker.”


SEC. 4. Establishment of the Overseas Filipino Workers Hospital as a Level Il!
Hospital.

- There shall be established in the City of San Fernando, Province of Pampanga, a Level Ill
hospital to be known as the Overseas Workers Hospital (OFWH), which shall be under the
direct supervision and control of the Department of Migrant Workers (DMW). It shall cater
primarily to the healthcare needs of OFWs and their qualified dependents subject to the
limitations under the existing laws, rules, and regulations: Provided, That nothing herein shall
prevent the OFWH from accommodating patients other than OFWs or their qualified
dependents.

The Medical Center Chief of OFWH shall, in consultation with the DMW and the
Department of Health (DOH), prepare the hospital development plan to reflect the
development goals of the hospital including its bed capacity and service capability. Requests
for staffing requirements, capital outlay investments, and budgetary needs for operations shall
be based on the hospital development plan.

The DOH shall support the OFWH through the provision of technical assistance,
extending capital outlay, and monitoring of the hospital's compliance with standards to deliver
quality healthcare.

SEC. 5. Purposes and Objectives.- The OFWH shall:

(a) Provide comprehensive and total health care services to all migrant workers
including Overseas Workers Welfare Administration (OWWA) contributors, whether
active or inactive, their legal dependents, and the general public;

(b) Serve as a referral facility for repatriated OFWs needing medical assistance and
support while ensuring its participation in the provincial and inter-regional healthcare
provider networks to allow for a seamless and coordinated referral system for the
medical repatriation program in accordance with Republic Act No. 11223, otherwise
known as the “Universal Healthcare Act’:

(c) Promote, encourage, engage in, and publish scientific research on the prevention,
care, and treatment of occupational diseases common to OFWs, including the
underwriting of research on biological, demographic, social, economic, eugenics,
physiological aspects of occupational disorders of OFWs, and conduct relevant
congresses, conventions, seminars, and conferences;

(d) Develop training programs for medical and allied medical professional which shall
focus on strengthening occupational and migrant health services in the country
and the creation of specialized services;

(e) Provide 24/7 telehealth services to migrant workers and their families; the service
may be extended at the Philippine foreign post or the Philippine Overseas Labor Office
to assist in the medical assessment and management of distressed OFWs while
awaiting repatriation;

() Establish OFWH as a medical facility providing pre-employment medical
‘examinations for OFWs;

(g) Strengthen health surveillance through the provision of a post-employment or post-

arrival medical examinations for OFWs, in consonance with Republic Act No. 8042,

otherwise known as the “Migrant Workers and Overseas Filipinos Act of 1995,” and
the  DOH's Philippine Migrant Health Program;


(h) Raise public awareness and conduct a massive information drive on the
prevention, treatment, and control of diseases common to OFWs, occupational health and
safety, and physical fitness; and

(i) Assist and support universities, research institutions, and other hospitals or medical
facilities in their studies on health-related concems of OFWs.

‘SEC. 6. Powers of OFWH.- The OFWH shall have the power to:

(a) Acquire and hold, in any manner, property of whatever nature or description, and
to dispose of such property under any mode of encumbrance or conveyance;

(b) Contract and be contracted with;
(©) Levy, assess and collect such fees, charges, and assessments as may be
necessary or proper to support, finance, and maintain its operation;

(d) Mortgage, lease, sell, transfer, convey, or otherwise dispose of its properties;

(e) Invest in, and purchase or otherwise acquire, own,hold, use, lease, grant,
mortgage, sell, transfer or otherwise deal with, real and/or personal properties of every
kind and nature, including shares of stocks, bonds,notes, and other evidence of
indebtedness or obligations of other corporations whether government or private;

(f) Solicit and receive donations,endowments, and funds in the form of contributions,
whether in cash or in kind, from both the public and private sectors subject to existing
budgeting, accounting, and auditing rules and regulations;

(g) Open such accounts in banks and other financial institutions, and to disburse such
funds or invest the same as the DMW Secretary may direct to accomplish or advance
the purposes or interest of the hospital;

(h) Invite foreign specialists and similar experts in the various medical fields not
available in the country; to train the personnel, trainees, and residents;

(i) Send the personnel to research institutes, medical institutes, or universities for
advance training or observation and to attend international or regional conventions,
conferences, congresses, and seminars as the Medical Center Chief may deem
necessary to accomplish the purposes and objectives of the hospital and subject to
the approval of the DMW Secretary; and

() Exercise such other powers and functions as may be necessary or incidental for the
accomplishment of the purposes and objectives of the OFWH.

SEC. 7. Duties and Responsibilities of the DMW.- The DMW shall:

(a) Establish a focal office for migration and health in the DMW to ensure that the
country's migrant health program is mainstreamed in the plans and programs of the
OFWH which shall include’

(1) Assistance in identifying, documenting, processing, and approving
applications for benefits granted to OFWs and their qualified dependents;

(2) Establishment of a referral system within the OFWH to ensure efficient
delivery of medical and health care services to OFWs and their qualified
dependents;


(3) Strengthening of the existing health benefits and medical assistance
programs such as subsidies on hospitalization and medical procedures for
OFWs and their qualified dependents, subject to the availability of funds and
resources; and

(4) Active engagement in the Philippine Migrant Health Network, an inter-
agency, multi-stakeholder network for migrant health, composed of members
from other government, non-governmental agencies, academe, civil society
organizations, private sector, and international organizations, to advocate and
lobby support for migrant health programs;

(0) Formulate and promulgate policies, programs, and plans for the sound
administration, maintenance, and operations of the OFWH in consultation with the
Medical Center Chief;

(c) Determine the organized structure and staffing pattem of the OFWH in accordance
with the revised compensation and position classification system subject to the
evaluation and approval of the DBM and in compliance with the civil service and other
pertinent laws, rules and regulations;

(d) Appoint and remove from OFWH personnel upon the recommendation of the
Medical Center Chief subject to civil service rules and regulations and other applicable
laws;

(e) Create a consultative committee and other necessary mechanisms for the effective
participation of land-based and sea-based accredited OFW organizations in the
formulation of policies for the effective implementation of programs and measures to
attain the objectives of the OFWH;

(f) Determine and undertake, in coordination with the Governance Commission for
Government-Owned or Controlled Corporations, the appropriate steps for the formal
establishment and incorporation of the OFW Hospital in accordance with Republic Act
No. 10149, otherwise known as the “GOCC Governance Act of 2011". Provided, That
ne OFWH shal! remain under full control and supervision of the DMW, unless
‘ongress shall provide otherwise; and

(g) Perform such other functions that are necessary for the attainment of the purposes
and objectives of this Act.

SEC. 8. Medical Center Chief.- The Medical Center Chief shall be appointed by the
President of the Philippines upon the recommendation of the DMW Secretary.

The Medical Center Chief shall have the following duties and responsibilities:

(a) Provide overall direction and strategic leadership to the OFWH toward the provision
of high-quality health services;

(b) Oversee all managerial and administrative processes and operations of all
departments of the OFWH;

(c) Supervise daily activities of functional units;

(d) Ensure high standards in clinical training for medical and allied medical personnel;


(e) Execute, on behalf of the hospital, all contracts and agreements which the hospital
may enter into and accomplish and deliver any and all documents relative to such
contracts and agreements subject to the approval of the DMW Secretary;

(Represent the hospital in all dealing with other offices, agencies, and
instrumentalities of the Government and all other persons or entities, whether domestic.
or foreign and whether government or private; and

(g) Exercise such other powers and perform such duties as may be vested or reposed
by the DMW.

SEC. 9. Duties and Responsibilities of the DOH.- The DOH shall:

(a) Ensure that the necessary permits and licenses to operate the OFWH are
obtained, consistent with 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, National Children’s Hospital, and the Philippine General Hospital,
to hold clinics in the OFWH;

(©) Establish OFW centers or wards in DOH-retained hospitals to complement the
OFWH. The level of OFW services and corresponding facilities in OFW centers or
wards and their respective health human resource requirements shall be determined
by the DOH, in coordination with stakeholders: Provided, That the standards to be
adopted thereon shall be consistent with the Philippine Health Facility Development
Plan; and

(d) Perform such other functions that are necessary for the attainment of the purposes
and objectives of this Act.

SEC. 10. Support from other Government Agencies. - The OWWA shall ensure that
existing health benefits and medical assistance programs are strengthened for OFWs and
their qualified dependents: Provided, That nothing in this Act shall be construed to diminish or
reduce the existing benefits of OFWs and their dependents provided under Republic Act No.
11223, otherwise known as the “Universal Health Care Act.”

All other agencies, departments, bureaus, offices, or instrumentalities of the
government, including government-owned or -controlled corporations, shall render assistance
to the OFWH for the effective implementation of this Act.

SEC. 11. Congressional Oversight Committee.- There is hereby created a joint
Congressional Oversight Committee which shall be jointly chaired by the Chairpersons of the
Senate Committee on Health and Demography and the House of Representatives Committee
‘on Health. It shall be composed of five (5) members from the Senate and five (5) members
from the House of Representatives, respectively: Provided, That at least one (1) member from
each house shall come from the Minority.

SEC. 12. Appropriations.- The amount necessary for the initial implementation of this
Act shall be charged against the current year's appropriation of the concerned departments
and agencies. Thereafter, such amount shall be included in the annual General Appropriations
Act.

SEC. 13. Annual Report.- The DMW shall submit to the President and Congress an
annual report on the implementation of this Act.


SEC. 14. Implementing Rules and Regulations.- Within sixty (60) days from the
approval of this Act, the DMW shall.in consultation with the DOH, OWWA, and other
stakeholders, promulgate the rules and regulations to carry out the provisions of this Act.

SEC. 15. Separability Clause.- If any provision of this Act is declared invalid or
unconstitutional, the remaining provisions not affected thereby shall continue to be in full force
and effect.

SEC. 16. Repealing Clause.- Executive Order No. 154, Series of 2021, is hereby
repealed. 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.

SEC. 17. Effectivity.- This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette and in at least two (2) newspapers of general circulation.

Approved,