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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 7946

Introduced by HON. JOY MYRA S. TAMBUNTING

EXPLANATORY NOTE

eHealth is a broad term which refers to the use of information and communication technologies
in health care. Philippines’ eHealth framework and six-year plan is crafted in 2014 with the vision
of enabling widespread access to health care services, health information and secure sharing and
exchange of patients’ information in support to a safer quality health care, and more equitable
and responsive health system for all the Filipino people’.

While the healthcare system has significantly advanced over the last six years, the adoption
of technologies for the improvement of the system as envisioned by the Department of Health
and the Department of Science and Technology, is yet to be realized. Part of the reason is the
lack of required legislation to support the attainment of the Department's eHealth vision.

In this light, this proposed measure provides a framework for the establishment of a National
eHealth System (NEHS) which shall set policies, standards, priorities, plans, programs and
projects that promote and ensure streamlined and safely regulated delivery of eHealth services;
and clarify the responsibilities of agencies, institutions and entities towards the building of national
and local eHealth capacity.

On behalf of the people of Parafiaque City’s Second District, and for the common good of the
Filipino people, the approval of the said measure is earnestly sought.

ah yi
S. TAMBUNTING
/2pd District, Parafiaque City

+ Philippines eHealth Strategic Framework and Plan (2014-2020). 2014, Retrieved from
hnttp://ehealth doh, gov.ph/index.php?option=com_content&view=categorylayout=blog&id=73


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 7944

Introduced by HON. JOY MYRA S. TAMBUNTING

AN ACT
ESTABLISHING THE PHILIPPINE e-HEALTH SYSTEM AND SERVICES IN SUPPORT OF
UNIVERSAL HEALTH CARE, AND APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
ARTICLE I
GENERAL PROVISIONS

SECTION 1. Short Title. — This Act shall be known as the “e-Health System and Services Act
of 2020”.

SEC. 2. Declaration of Policies. — It is the policy of the State to protect and promote the right
to health of all Filipinos and instill health consciousness among them. Towards this end, the State
shall Institutionalize a system of providing wide access to quality health information and services
using information and communication technology (ICT), referred to as the National e-Health
System (NEHS), resulting In better health outcomes for every Filipino, and further recognizing
whole-of society and whole-of government approaches.

The NEHS shall be comprehensive, integrated, Interoperable, progressive, secure and sustainable
based on best current and future practices, and shall facilitate Inter-agency and inter-sectoral
coordination at various levels of governance covering both the public and private sectors. It shall
recognize e-Health as supplemental and complementary with other healthcare delivery methods
to the extent allowable by existing laws, provide and support healthcare delivery, including
diagnosis, consultation, treatment, transfer of care of patient, exchange of health data and
education, especially In medically unserved and underserved geographically isolated and
disadvantaged areas (GIDAs).

‘SEC, 3. Objectives. — This Act shall provide a holistic framework that establishes a NEHS, which
shall:

a) Set policies, standards, priorities, plans, programs and projects that promote and ensure
streamlined and safely regulated delivery of e-Health services to reduce inequalities,
achieve universal health care and better health outcomes;


b) Clarify roles of agencies, institutions and entities regarding their performance and
accountabilities in building national and local e-Health capacity and measuring results;
and

c) Enable the citizenry with suitable access to their own health information needed for better
management and control of their own health.

‘SEC. 4. Definition of Terms. — As used in this Act:

a) Compliant e-Health Services and Applications refer to solutions, products and innovations
that are compliant with defined architecture of e-Health standards that enable services
and systems, allow for interoperability of health services and Information across
geographic, organizational, network and vendor boundaries, and ensure data protection
In accordance with Republic Act (R.A.) No. 10173, otherwise known as the “Data Privacy
Act" and other related laws and Issuances,

b) e-Health Data Services refer to key architectural data registries of the health sector
enterprise needed to enable and support large scale health Information Interoperability
and exchange.

c) e-Health System refers to the Interplay of enabling (governance and accountability;

strategy and Investment; human resources; standards and interoperability; monitoring

and compliance; research and development) and foundational (infrastructure; and
services and applications) elements essential for a successful national e-Health

Implementation;

Electronic Health or e-Health refers to the use of cost-effective and secure Information

communications technology for health, also referred to as digital health;

) Electronic Health Record (EHR) refers to a computerized health record used to capture,
‘store, access and share information of a patient between and across health care providers
and health-related entitles;

f) Electronic Medical Record (EMR) refers to a computerized medical record used to capture,

store, and share information of a patient between healthcare providers in an institution or

organization;

Electronic Prescription Ce-Prescription) refers to a system that allows healthcare providers

to write and send prescriptions in an automated or electronic way to a pharmacy with

capability to receive such;

h) Health Passport refers to the portable personal health record of a patient linked to the
electronic health or medical record whereby patients exercise control.

i) Health Sector Enterprise Architecture refers to the blueprint on which e-Health services
and applications shall be developed, implemented and scaled up.

j) Information and Communications Technology refers to all technologies for the
communication of Information, which Includes data, application or Information systems,
Internet, network, connectivity, telecommunications, among others;

d

2

SEC. 5. Scope and Application. — This Act covers all existing healthcare providers and other
entities developing and using e-Health systems, services and applications and tools, whether
public or private. It shall cover all e-Health solutions, services and applications Including relevant
standard equipment In the field of health and ancillary services that use ICT and are
‘complementary to existing minimum modalities or standards of health care and other means of
access to information.


SEC. 6. Implementing Agency. - The Department of Health (DOH) shall be the lead
Implementing agency to carry out the provisions of this Act. The DOH shall strengthen and
transform its existing Knowledge Management and Information Technology Service (KMITS) into
a full-fledged Bureau, to be named as the National e-Health Information and Services Bureau
(NeHISB), which shall perform the overall management and administration of this Act.
Corresponding plantilla positions shall be created for this purpose in coordination with the
Department of Budget and Management.

The Bureau shall also serve as the secretariat of the e-Health Policy and Coordination Council
created under Section 8 hereof.

‘SEC. 7. Regional and Local Implementation Structures and Staffing Pattern. — To assist
In the Implementation of this Act and subject to the approval of the Department of Budget and
Management, the DOH, in consultation with Philippine Health Insurance Corporation (PhilHealth),
Department of Information and Communications Technology (DICT), and Department of Science
and Technology (DOST) shall determine the regional and local Implementation structures and
create divisions or units as It may deem necessary, and shall appoint officers and employees with
permanent appointments and supported with an adequate yearly budget In accordance with the
civil service law, rules, and regulations.

Setting up of the regional and local Implementation structures shalll support the organization and
Integration of local health systems Into province-wide and city-wide health system In accordance
with R.A. No. 11223, otherwise known as the "Universal Health care Act" and other related
Issuances.

ARTICLE IT
GOVERNANCE AND ACCOUNTABILITY

SEC. 8. Creation of the e-Health Policy and Coordination Council. - There shall be created
an independent body to be known as the e-Health Policy and Coordination Council (eHPCC),
hereinafter referred as the "Council' to provide and promote relevant policies and guidelines for
the effective coordination and implementation of this Act. The Council shall be composed of the
following key officials:

a) Secretary, Department of Health - Chairperson

b) Secretary, Department of Information and Communications Technology - Co-Chairperson

c) President and Chief Executive Officer, Philippine Health Insurance Corporation -Co-
Chairperson

Members:

d) Secretary, Department of Science and Technology;

e) Secretary, Department of Social Welfare and Development (DSWD);

f) Secretary, Department of Interior and Local Government (DILG);

g) Secretary, Department of Budget and Management (DBM);

h) Chancellor, University of the Philippines - Manila (UPM);

i) Chairman, Professional Regulation Commission (PRC);

j) Chairperson, Commission on Higher Education (CHED);

k) Chairperson, National Privacy Commission (NPC);

1) National Statistician, Philippine Statistics Authority (PSA);


m) One (1) representative from the Philippine Hospital Association (PHA);

n) One (1) representative from the Private Hospital Association of the Philippines (PHAPI);

0) One (1) representative from the Provincial Health Officers Association of the Philippines
(PHOAP);

p) One (1) representative from the Association of Municipal Health Officers of the Philippines
(AMHOP);

q) Two (2) representatives from professional medical or health societies;

r) One (1) representative from patients' group; and

's) One (1) representative from the JCT Industry associations.

The heads of government agencies may be represented by an official whose rank shall not be
lower than an Assistant Secretary or its equivalent. Members representing the private sector shall
be appointed by the President of the Philippines not later than thirty (30) days after the date of
enactment of this Act and shall serve for a term of three (3) years, renewable upon
recommendation of the Council for a maximum of two (2) consecutive terms.

The government agency-members of the Council shall have the authority to act upon and decide
on all urgent matters pending the formation of the Council and the appointment of members from
the private sector by the President of the Philippines.

SEC. 9. Powers and Duties of the Council. - The Council shalll exercise the following powers
and functions:

a) Define and promote overall e-Health policies, standards, and regulations at all levels of
healthcare system, public and private;

b) Ensure Integration and coordination of national and local eHealth strategies and
initiatives; and

©) Submit yearly assessments and accomplishment reports to the Senate Committee on
Health and Demography and the House of Representatives Committee on Health for
performance monitoring and evaluation.

SEC. 10. Creation of the Sub-Structure or Mechanism. — The Council shall create multi-
sectoral groups, composed of both the private and public sectors to ensure broader stakeholder
participation and for the furtherance of Its objectives.

Setting up of the sub-structures or mechanisms shall be in accordance with R.A. No. 11223,
otherwise known as the "Universal Health care Act” and other related Issuances.

ARTICLE IIT
STANDARDS AND INTEROPERABILITY

SEC. 11. Health Sector Enterprise Architecture. — The NeHS shall be operated within a
health sector enterprise architecture that aligns and ensures that health and health-related data
are made available and accessible anytime and anywhere to various stakeholders, business
processes for health are streamlined and Integrated, and services and applications are usable,
safe, efficient and effective, following the health care business model provided under R.A. No.
11223, otherwise known as the "Universal Health care Act" and other related Issuances.


Rationalization for safety and cost effectiveness, scope and standards for design and use of
technologies in the health sector shall also be defined in this architecture. All health care providers
and health-related entities shall adopt a health enterprise architecture as defined and guided by
the Council.

SEC. 12. Standards Compliance. — All health care providers and health- related entitles shall
‘comply with the data standards to allow Interoperability and health Information exchange, and
ensure data protection in accordance with R.A. No. 10173, otherwise known as the "Data Privacy
Act" and other related laws and Issuances.

These standards shall include, inter alla, patient identifier, health care provider identifiers,
terminology and messaging standards, and shall be in accordance with the Philippine
eGovernment interoperability framework security and other relevant standards.

ARTICLE IV
SERVICES AND APPLICATIONS

SEC. 13. Rationalization of e-Health Services and Applications. -Design, development,
and Implementation of e-Health services and applications shall focus on the automation and
Interoperability of the various mandatory business processes and data services in the health
sector as laid out In the Health Sector Enterprise Architecture and which may be subjected to
health technology assessment and shall comply with regulatory requirements.

SEC. 14. Scope of e-Health Services and Applications. - e-Health shall include the following
areas:

a) Mandatory e-Health Data Services:
1) Master Person Index
2) Master Provider (Human Resources) Index
3) Master Facility Index
4) Terminology or Health Services Registry
5) National Immunization Registry
b) Compliant e-Health Services and Applications, Including but not limited to:
1) Electronic Health Record/Electronic Medical Record
2) Health Passport
3) Health Information Exchange
4) Health Facility Operations and Management
5) Disease Registries
6) TeleHealth/TeleMedicine and mHealth
7) Human Resources in e-Health
8) Supply Chain Management/Enterprise Resource Planning

Article V
TELEHEALTH

SEC. 15. Regulations of TeleHealth Services and e-Health Related Devices. - The
Council, through the DOH, shall establish and maintain a regulatory system for telehealth services
and e-Health-related devices.


SEC. 16. Standards of Practice and Certification of Individuals and Entities Providing
TeleHealth Services. - To complement the regulations of telehealth services and e-Health-
related devices, the Professional Regulation Commission and DOH, in consultation with,
PhilHealth, UPM-National TeleHealth Center, DICT, academia, medical and specialty societies,
non-government organizations, the private and business sectors, shall set the standards of
practice and Implement a certification mechanism for health care providers and health-related
entities providing telehealth services,

ARTICLE VI
HUMAN RESOURCES

SEC. 17. Human Resource in e-Health. — The human resource for e-Health are health care
professionals who shall plan, design, build, operate, use, maintain and support the e-Health
services and applications.

The DOH, PRC, CHED, DICT, and Technical Education and Skills Development Authority (TESDA),
In consultation with medical and specialty societies, IT professional associations, and academia,
shall establish the minimum competencies and impose the same on health, health-related and
digital health professionals. This shall be part of the curriculum of health and health-related
courses.

SEC. 18. Human Resource for e-Health Development Plan. - The DOH, PRC, CHED, and
TESDA shall formulate the Human Resource for e-health Development Plan which shall develop
new curricula, integrate changes in existing curricula, create formal and non-formal training
programs, and continuing professional development programs concerning the practice of e-
Health. There shall also be creation of personnel services item, plantilla positions, and other
employment opportunities for human resource in government hospitals and Institutions to
manage and enable e-Health In healthcare and related services.

ARTICLE VII
INFRASTRUCTURE

SEC, 19, ICT Infrastructure. - The DICT, in coordination with DOH, PhilHealth, and DOST,
shall establish and maintain the necessary national ICT infrastructure to implement e-health
services and applications.

SEC, 20, National Health Data Center. — The PhillHealth, In coordination with the DOH, DICT
and DOST, shall establish and maintain the national e-health data center, and implement an agile
and sustainable data management and governance framework and system in support to R.A. No.
11223, otherwise known as the "Universal Health Care Act," and in compliance with R.A. No.
10173, otherwise known as the "Data Privacy Act of 2012" for data protection.

ARTICLE VIII
STRATEGY AND INVESTMENT


‘SEC. 21. National e-Health Strategic Framework and Plan. — The Council shall spearhead
the development and monitoring of strategic framework and plan to serve and guide the
operations of a national e-Health system.

SEC. 22. Financing the e-Health Strategic Framework and Plan. - Financing for the
national e-Health system by DOH, PhilHealth and other partners, as defined by the Council, shall
be made available to scale up e-Health Implementation at the national level.

SEC. 23. Private Sector Participation. - The DOH shall promulgate rules regarding the
participation of the private sector in the provision of e-Health services and applications including
public-private partnerships, and other suitable arrangements.

ARTICLE IX
RESEARCH AND DEVELOPMENT

SEC. 24. Research and Development. - Consistent with R.A. No. 10532 otherwise known as
the "Philippine National Health Research System Act of 2013," and the mandate of the DOST, the
DOST - Philippine Council for Health Research and Development (DOST-PCHRD), in consultation
with DOH, CHED, DICT, PhilHealth, UPM - National TeleHealth Center, academia, regional health
research consortia, medical and specialty societies, non-government organizations, the private
and business sectors, shall ensure the development of new eHealth services, applications and
innovations through:

a) Formulation of eHealth research priority areas under the National Unified Health Research
‘Agenda (NUHRA), and other research agendas;

b) Funding and mobilizing resources for research on eHealth which are aligned with the
research agenda;

) Establishment and strengthening of centers of excellence of eHealth policy studies,
research and innovation, including creation of formal and non- formal capability building
programs; and

d) Adherence of eHealth research outputs to the health technology assessment process as
provided in the Universal Health Care Act.

e) Aseparate unit within the PCHRD shall handle and manage eHealth related activities and
programs, The human resource requirement of such unit shall be determined by PCHRD
in consultation with DOH, CSC and DBM,

SEC, 25. Funding Source for Research and Development. - The DOH, PhilHealth, DOST,
DICT, CHED, and DILG shall allocate at least 1% of their respective annual regular budget in
support of eHealth research and development.

ARTICLE X
ADMINISTRATIVE PENALTIES

SEC. 26. Rules and Procedures for Administrative Violations and Complaints. - The
Council shall promulgate rules and procedures relating to administrative violations and
complaints, insofar as they relate to the establishment and operations of the national eHealth
system.


ARTICLE XI
MISCELLANEOUS PROVISIONS

SEC. 27. Transitory Provisions. — The transformation of KMITS into a full- fledged Bureau and
the formulation of the internal organic structure and regional and local implementation structures,
staffing pattern, operating system, and the revised budget of the Department for health
information technology shall be completed within six (6) months from the effectivity of the
Implementing Rules and Regulations (IRR) of this Act, during which time, the existing KMITS and
regional and local implementation personnel shall continue to serve in holdover capacities until a
full and permanent bureau is constituted and functioning, and new appointments are issued.

SEC. 28. Appropriations. - The amount needed for the initial implementation of this Act shall
be taken from the current fiscal year’s appropriation of the DOH for health information technology.

For the succeeding years, the amount needed for eHealth in the DOH budget and in the budget
of other agencies with specific mandates provided in this Act shall be based on the strategic plan
formulated by the Council, in coordination with other stakeholders. The amount shall be included
in the National Expenditure Program (NEP) as basis for the General Appropriations Bill (GAB).

Further, other sources of funds can come from the Private Sector Participation Program, Joint
DOH-PhilHealth-DICT-DOST undertakings on eHealth, and Medium-Term Information and
Communications Technology Harmonization Initiative (MITHI).

‘SEC. 29. Implementing Rules and Regulations. — Within ninety (90) days from the effectivity
of this Act, the Secretary of DOH, after consultation with the Secretaries of DICT and DOST, the
President and Chief Executive Officer of PhilHealth, the Chancellor of UPM, the Chairperson of
CHED, the National Statistician of PSA, and representatives of medical and paramedical
associations and societies, and other stakeholders shall promulgate the necessary rules and
regulations implementing the provisions of this Act.

SEC. 30. Separability Clause. — If any part or provision of this Act is held invalid or
unconstitutional, the remaining parts or provisions not affected shall remain in full force and
effect.

SEC. 31. Repealing Clause. - All general and special laws, decrees, executive orders, 12
proclamations and administrative regulation, or any parts thereof which are inconsistent with this
Act are hereby repealed, amended and modified accordingly.

SEC. 32. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in any newspaper of general circulation.

Approved,