NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES )
Third Regular Session 
)
SENATE
S.B. No.
2822
24 SEP 11 P6 :42
Rl.CLI i [/■
(In Substitution of SB No. 566, 1512, 2297, 2339, 2340 and 2414 
taking into consideration HB No. 8325)
Prepared by the Committees on Health and Demography (upon the 
recommendation of Subcommittee on Overseas Filipino Workers Hospital); 
Migrant Workers; Ways and Means; and Finance with Senators Villanueva, 
Revilla Jr., Go, Tulfo, and Estrada, as authors thereof.
AN ACT
ENHANCING THE MEDICAL ACCESS OF OVERSEAS FILIPINO 
WORKERS (OFWs) AND THEIR FAMILIES BY STRENGTHENING THE OFW 
HOSPITAL AND APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
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Section 1. Short Title. -This Act shall be known as the "OFW 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


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cost. To this end, the State shall protect the interest and promote the well-being of
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overseas Filipino workers (OFWs) through the provision of social welfare services in
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recognition of their importance and contribution to economic development and nation-
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building.
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SEC. 3. Definition of Terms. - As used in this Act:
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a) 
Dependents refer to any of the following:
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1) 
The legal spouse entitled by law to receive support from the OFW;
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2) 
The legitimate, legitimated, legally adopted, or illegitimate child who is
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unmarried, not gainfully employed, and has not reached twenty-one (21) years of age,
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or if over twenty-one (21) years of age, is congenitally incapacitated or while still a
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minor has been permanently incapacitated and incapable of self-support, physically or
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mentally; or
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3) 
The parents who receive regular support from the OFW; and
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b) 
Overseas Filipino Worker (OFW) or Migrant Worker refers to a Filipino
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who has been engaged, is engaged, or is to be engaged in a remunerated activity in
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a country of which the said person is not an immigrant citizen, or a permanent resident
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of, or is not awaiting naturalization, recognition, or admission, whether land-based or
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sea-based regardless of status; excluding a Filipino engaged under a government-
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recognized exchange visitor program for cultural and educational purposes. For
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purposes of this Act, a person engaged in remunerated activity covers a person who
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has been contracted for overseas employment but has yet to leave the Philippines,
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regardless of status, and includes "Overseas Contract Workers."
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Sec. 4. OFW Hospital and Diagnostic Center. - The "Overseas Filipino Worker
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Hospital and Diagnostic Center" (OFW Hospital) established in the city of San
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Fernando, province of Pampanga shali primarily cater to OFWs and their dependents.
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It shall be a government instrumentality with corporate powers, managed and
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supervised by a Board of Trustees chaired by the Secretary of the Department of
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Migrant Workers (DMW), being the primary national agency with the mandate of
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ensuring the welfare of the OFWs and their dependents: Provided, That nothing herein


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shall prevent the OFW Hospital from accommodating patients other than OFWs or
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their qualified dependents.
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SEC. 5. Purposes and Objectives. - The OFW Hospital shall:
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a) 
Establish, operate and maintain medical facilities, including a medical
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and diagnostic center to provide comprehensive and people-centered health care
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services to OFWs and their qualified dependents and the general public.
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b) 
Serve as a referral facility for repatriated OFWs needing medical
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assistance and support while ensuring its participation in the provincial and inter-
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regional healthcare provider networks to allow for a seamless and coordinated referral
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system for the medical repatriation program in accordance with Republic Act No.
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11223 or the " Universal Health Care Act')
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c) 
Promote, encourage, engage in, and publish scientific research on the
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prevention, care, and treatment of occupational diseases common to OFWs, including
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the underwriting of research on biological, demographic, social, economic, eugenics,
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physiological aspects of occupational disorders of OFWs, and conduct relevant
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congresses, conventions, seminars, and conferences;
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d) 
Develop training programs for medical and allied medical professionals
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which shall focus on strengthening occupational and migrant health services in the
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country and the creation of specialized services;
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e) 
Provide telehealth services to migrant workers and their dependents for
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follow up consultation, and to assist in the medical assessment and management of
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distressed OFWs while awaiting repatriation, which may be extended at Philippine
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foreign posts or migrant workers offices;
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f) 
Conduct pre-employment medical examinations of OFW applicants,
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subject to pertinent rules and regulations;
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g) 
Strengthen health surveillance through the provision of a post-
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employment or post-arrival medical examination for OFWs, in consonance with
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Republic Act No. 8042 or the "Migrant Workers and Overseas Filipinos Act of 1995"
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as amended, and the Philippine Migrant Health Program of the Department of Health
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(DOH);


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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
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Assist and support universities, research institutions, and other 
hospitals or medical facilities in their studies on health-related concerns of OFWs.
SEC. 6. Powers of the OFWHospital. - The OFW Hospital shall have the powers
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;
c) 
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 stock, 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 accounts in banks and other financial institutions, and to disburse 
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 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 advanced training or observation and to attend international or regional 
conventions, conferences, congresses, and seminars as the Medical Center Chief may


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deem necessary to accomplish the purposes and objectives of the OFW Hospital,
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subject to the approval of the DMW Secretary; and
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j) Exercise such other powers and functions as may be necessary or
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incidental for the accomplishment of the purposes and objectives of the OFW Hospital.
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Sec. 7. Creation of the OFW Hospital Board of Trustees. - There is hereby
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created an OFW Hospital Trust, for the benefit of OFWs, to be administered by a Board
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of Trustees, composed of seven (7) members. Three (3) members of the Board shall
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constitute a quorum to transact business and any decision of the three (3) members
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on any matter shall constitute a valid and binding act of the OFW Hospital.
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The Composition of the OFW Hospital Board shall be as follows:
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a) 
Chairperson: Secretary, DMW;
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b) 
Vice-Chairperson: Secretary, Department of Health (DOH); and
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c) 
Members:
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1) 
Secretary, Department of Labor & Employment;
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2) 
Administrator, Overseas Workers Welfare Administration (OWWA);
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3) 
Secretary, Department of Social Welfare and Development;
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4) 
Land-based OFWs Representative; and
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5) 
Sea-based OFWs Representative
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The representatives of land-based and sea-based OFWs shall be appointed by
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the President from a list of nominees of their OFW organizations as endorsed by
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the Chairperson to the President. The nominees shall at least be forty (40) years of
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age, and an OFW with at least five (5) years of work experience abroad at the time of
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his or her nomination. The members of the Board may elect an alternate, whose name
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shall be submitted to the President for appointment. In case of vacancy, the head of
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the agency may nominate an alternate, subject to official appointment by the
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President of the Philippines.
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The following shall be the powers and functions of the Board of Trustees:
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a) 
Approve and promulgate policies, guidelines, programs, and plans for
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the sound administration, maintenance, and operations of the OFW Hospital for the
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Implementation of the purposes and objectives of this Act;


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b) 
Approve the organizational structure and staffing pattern of the OFW
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Hospital in accordance with the revised compensation and position classification
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system subject to the evaluation and approval of the DBM and in compliance with civil
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service and other pertinent laws, rules and regulations;
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c) 
Appoint, remove, suspend, or otherwise discipline the officers of OFW
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Hospital occupying executive and senior management positions subject to civil service
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and other applicable laws, rules and regulations;
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d) 
Adopt the annual and supplemental budget of the OFW Hospital; and
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e) 
Exercise all the general powers necessary or proper for the attainment
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of the purpose and objectives of this Act.
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SEC. 8. Medical Center Chief. - The Medical Center Chief shall be appointed by
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the DMW Secretary.
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The Medical Center Chief shall have the following duties and responsibilities:
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a) 
Provide overall direction and strategic leadership to the OFW Hospital;
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toward the provision of high-quality health services;
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b) 
Oversee all managerial and administrative processes and operations of
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all departments of the OFW Hospital;
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c) 
Supervise the daily activities of functional units;
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d) 
Ensure high standards in clinical training for medical and allied medical
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personnel;
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e) 
Execute, on behalf of the OFW Hospital, all contracts and agreements
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which it may enter into and accomplish and deliver any and all documents relative to
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such contracts and agreements, subject to the approval of the DMW Secretary;
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f) 
Represent the OFW Hospital in all dealings with other offices, agencies,
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and instrumentalities of the government and all other persons or entities, domestic or
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foreign and government or private;
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g) 
Submit, for the consideration and approval of the Board, the proposed
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development plans, programs, measures, policies, and guidelines necessary for the
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effective implementation of the purposes and objectives of this Act;


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h) 
Appoint, promote, transfer, remove, suspend or otherwise discipiine the
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officers and empioyees of the OFW Hospitai, except those appointed by the Board;
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and
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i) 
Exercise such other powers and perform such duties as may be vested
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by the DMW Secretary.
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SEC. 9. Duties and Responsibilities of the DMW. - The DMW shali:
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a) 
Estabiish a focal office for migration and heaith in the DMW to ensure
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that the country's migrant health program is mainstreamed in the pians and programs
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of the OFW Hospital which shall include:
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1) 
Assistance in identifying, documenting, processing, and approving
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applications for benefits granted to OFWs and their qualified dependents;
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2) 
Establishment of a referrai system within the OFW Hospital to ensure
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efficient delivery of medicai and heaith care services to OFWs and their qualified
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dependents;
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3) 
Strengthening of the existing health benefits and medicai assistance
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programs, through OWWA, such as subsidies on hospitalization and medical
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procedures for OFWs and their quaiified dependents, subject to the availability of
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funds and resources; and
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4) 
Active engagement in the Philippine Migrant Health Network, an inter-
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agency, multi-stakeholder network for migrant health, composed of members from
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other government, non-governmental agencies, academe, civil society organizations,
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private sector, and international organizations, to advocate and iobby support for
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migrant health programs.
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b) 
Create a consultative committee and other necessary mechanisms for
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the effective participation of iand-based and sea-based accredited OFW organizations
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in the formuiation of policies for the effective implementation of programs and
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measures to attain the objectives of the OFW Hospitai; and
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c) 
Perform such other functions that are necessary for the attainment of
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the purposes and objectives of this Act.
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SEC. 10. Duties and Responsibilities of the DOH. - The DOH shaii:


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a) 
Ensure that the necessary permits and licenses to operate the OFW 
Hospital 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 OFW Hospital;
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Support the OFW Hospital through the provision of technical assistance, 
extending capital outlay, and monitoring the hospital's compliance with standards to 
deliver quality healthcare; and
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Perform such other functions that are necessary for the attainment of 
the purposes and objectives of this Act.
SEC. 11. Support from other Government Agencies. - The OWWA shall ensure 
that existing health benefits and medical assistance programs for OFWs and their 
qualified dependents are strengthened: Provided, That nothing in this Act shall be 
construed to diminish or reduce the existing benefits of OFWs and their dependents 
provided under R.A. No. 11223.
All other agencies, departments, bureaus, offices, or instrumentalities of the 
government, including government-owned or-controlled corporations, shall render 
assistance to the OFW Hospital for the effective implementation of this Act.
Sec. 12. Tax Exemption. - All grants, bequests, endowments, donations, and 
contributions made to the OFW Hospital to be used actually, 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. The importation of equipment, machinery, and spare parts used actually, 
directly, and exclusively for the operation of the OFW Hospital and are not available 
locally shall be exempt from value-added tax and customs duty.
Sec. 13. Funding-for the OFW Hospitai. - The amount necessary for the initial 
implementation of this Act shall be charged against the current year's appropriations


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of the DMW. Thereafter, the amount necessary for its continued implementation shall 
be included in the Annual General Appropriations Act.
All income generated from the operations of the OFW Hospital shall be deposited 
in an authorized government depository bank and be used to augment the hospital's 
operating requirements.
SEC. 14. Implementing Rules and Regulations. - Within sixty (60) days from the 
approval of this Act, the DMW shall, in consultation with the DOH, the 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. - All laws, presidential decrees, executive orders, 
letters of instruction, proclamations, and rules and regulations contrary to or 
inconsistent with the provisions of this Act are hereby repealed, amended, or modified 
accordingly.
SEC. 17. Effectivity. - This Act shall take effect after fifteen (15) days following 
its publication in the Official Gazette ox in a newspaper of general circulation.
Approved,