Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

, 2805
House Bill No.

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
MAKING AVAILABLE ELECTRONIC MEDICAL RECORDS OF ALL PATIENTS OF
HOSPITALS 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
Congress with the end in view of making transactions easier and faster both in offices in
the public and private sectors. With this law as a guide, offices have conceptualized
innovative ways to go paper-less in transactions, making life of easier for Filipinos

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 transactions should be
exhaustively tapped in order to protect and save lives.

We therefore enjoin our colleagues to ensure the immediate passage of this
proposed measure into law.

DIOSDADO. AL ARROYO Gi MACAPAGAL ARROYO
Second District, Camarines Sur second District, Pampanga
iL


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

2805

House Bill No.

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
MAKING AVAILABLE ELECTRONIC MEDICAL RECORDS OF ALL PATIENTS OF
HOSPITALS 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 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 2013.”

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 all the
people. Towards this end, the 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 on-line their medical information in order to
benefit them in times of emergency and immediate needs for the records.

SECTION 3. Definition of Terms. — For purposes of this Act, the following term
shall mean:

1.) Electronic Medical Records — shall refer to medical background and history of
medical service provider's patients 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 the 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 functions of mutual authentication, data encryption,
and data integrity for secure transactions. The SSL security protocol provides
data encryption, server authentication, message integrity, and client
authentication for a TCP/IP connection:

7.) 128-bit Encryption = represents a very strong method of encryption generated
by every encrypted transaction. 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 electronic 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 electronic records to be printed and stored as backup
records.

‘All concemed medical service providers may elect to keep their own existing
format in addition to the new electronic records 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 keeping records, shall
likewise provide for an electronic facility where the 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 Record Center to be placed under the Office of the Secretary of the

2)


Department of Health. The center shall serve as a hub of all databanks of medical
records and other pertinent information significant 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 communications and transactions
electronic medical records system shall use the existing 128-bit encryption or higher
form of Secure Socket Layer (SSL) technology which may be devised In the future.

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

SECTION 7. Funding. - There is hereby authorized to be appropriated for the
implementation of this Act the amount of Ten Million Pesos (Php10,000,000.00) 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. /mplementing 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 other persons or circumstances shall not be
affected thereby.

SECTION 10. Repealing Clause. — All laws, rules or orders inconsistent with the
provisions 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 newspapers of general circulation.

Approved,