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Implementing Rules and Regulation Od The Universal Health Care Act

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IMPLEMENTING RULES

AND REGULATION OD
THE UNIVERSAL
HEALTH CARE ACT
Mary Lyon T. Fajardo,RN
RULE IV. HEALTH
SERVICE DELIVERY
Financing of Population-based Health
Services
 17.6. The DOH shall finance population-based health
services and provide support in financing capital
investments, human resources for health capacity
building, heath systems development, among others, to
complement local government resources for health.
 18.4. The contracted networks shall provide individual-based primary to
tertiary health care services with the following minimum components:
 18.4.a. Assurance of member access to all levels of health care provider
networks, including use of digital technologies for health.
 18.4.b. A primary care provider network, as described in section 17 of
the Rules, linked to secondary and/ or tertiary care providers; Provided, that
hospitals should focus on providing specialist outpatients services, except in
selected cases such as, but not limited to, gaps in the provision on primary care
services and where proximity is a concern, subject to insurance of guidelines
by DOH and PhilHealth;
 18.4.c. a patient navigation and coordination system that ensures a
continuum of appropriate and coordinated care from primary and tertiary
services, and back to primary care:
 18.4.d. Patient records management system, including electronic
health records, that ensures records are accessible by all facilities or
providers within the health care provider networks or among other
facilities as necessary;
 18.4.e. Provider payment mechanism as provider in section18.9
and 18.10 of these Rules, based on the guidelines of PhilHealth, as
appropriate;
 18.4.f. Networks exhibiting proof of legal personality; and,
 18.4.g. mechanism of pooled fund management in the network.
18.5. Minimum requirement for contracting health care provider networks are
as follows;
 18.5.a. All health care facilities within the network shall be licensed or
accredited by the DOH, as applicable; and,
 18.5.b. All health care providers within the network shall execute or
sign a performance contact with PhilHealth.
 18.6. Contracted networks and their health care provider members shall be
subjected to the quasi-judicial powers of PhilHealth.
 18.7. The DOH and PhilHealth shall determine the standards on service quality
and data submission. 
 18.8. The DOH and PhilHealth shall incentivized health care providers that
form networks in accordance with the guidelines to be developed for the selection
and payment of health care provider network based on Section 41.6 of these Rules.
Financing of Individual-based health Services
18.9. PhilHealth shall:
 18.9.a. Continue to finance individual-based health services utilizing
current payment mechanism such as capitation and case rate payments. However,
for contacted networks and apex hospitals, it shall endeavor to shift to paying
providers using performance driven, closed-end, prospective payments based on
Diagnosis-Related Groupings (DRGs) and validated costing methodologies and
without differentiating facility and professional fees;
 18.9.b. Develop differential payment schemes that give due consideration
to service quality, efficiency, equity, and public health outcomes, and,
 18.9.c. Institute strong surveillance and audit mechanism to ensure
networks’ compliance to contractual obligations.
18.10. PhilHealth shall adopt any or a combination of closed-end, prospective
provider payment mechanism, such as capitation, global budget, case-based payment,
per diem or daily charges, and other appropriate mechanisms; Provided, That
PhilHealth, in consultation with stakeholders, shall issue guidelines for the
implementation of provision. 
18.11. All individual-based health services, including those transitioned from
population-based health services, shall be covered by PhilHealth; Provided, That all
current benefit packages of PhilHealth shall continue to be covered as individual-
based services unless reclassified by the DOH as a population-based services.
18.12. Services that meet both population-based and individual-based health
services criteria, or neither of the criteria, shall retain its current financing
mechanism; Provided, That these health services shall be subject to assessments by
the DOH in determining the most efficient financing mechanism; Provided, further,
That DOH and PhilHealth shall issue the guidelines for implementing this provision.
RULE V. ORGANIZATION OF LOCAL HEALTH
SYSTEMS
Section19. Integration of Local Health into Province-wide and
City-wide Health Systems
 19.1. The DOH, DILG, PhilHealth, and LGUs shall endeavor to integrate all local health systems into
province-wide health system to be composed of municipal and component city health systems; and
city-wide health systems to refer to Highly Urbanized City (HUC)- and Independent Component City
(ICC)-wide health systems.

 19.2. The local health system refers to all health offices, facilities and services, human resources, and
other operations relating to health under the management of the LGUs to promote, restore or
maintain health; Provided, That the community-based health care facilities administered or operated
by the LGUs are considered to form part of the local health system.
 19.3. The private sector shall also be encouraged to participate in the
integrated local health system, in which is a public-led health care provider
network, through a contractual arrangement with province-wide or city-wide
health system, subject to existing laws and policies, Provided, That private
health care providers, whether an individual provider or a network of
providers, may provide health services to complement health services
provided by public health facilities; Provided, further, That other services to
support the management of the province-wide health system/city-wide health
system may also be contracted out to private entities.
 19.4. In the case of Bangsamoro Autonomous Region in Muslim Mindanao,
the adoption of the integrated province-wide and city-wide health system shall
be in accordance with Article IX Section 22 of RA 11054 (Organic Law for
the Bangsamoro Autonomous Region in Muslim Mindanao) and subsequent
laws and issuances to be enacted by the Bangsamoro Government.
 19.5. The DOH shall provide or facilitate the provision of necessary
support and incentives to assist the LGUs in integrating their local
health systems into province-wide and city-wide health systems that are
resilient, sustainable, and responsive to the needs of the population;
Provided, That the assistance shall include financial and non-financial
matching grants to strengthen health systems management and health
service delivery; Provided, further, That the DOH shall provide an
environment that promotes the exchange of knowledge and good
practices among the levels of the health care delivery system.
 19.6.the DILG and the DOH shall facilitate the integration of the local
health systems into province-wide and city-wide health system through
a mechanism of cooperative undertakings among the LGUs to ensure
the effective and efficient deliver of health services, provided under
section 33 of RA 7160 (Local Government Code of 1991).
 19.7. PhilHealth and DOH shall issue and provide incentives to health
care providers that would form networks, whether public, private, or
mixed, in accordance with 18.2 of these Rules.
 19.8. Province-wide and city-wide health systems shall deliver both
population-based and individual-based health services.
 19.9. LGUs that commit to province-wide and city-wide integration
shall ensure managerial and financial integration and provide the needed
resources and support mechanism to make the integration possible and
sustainable.
Provincial Integration
 19.10. The municipalities and component cities shall endeavor to integrate
their Municipal Health Offices, Component City Health Offices, Municipal
Hospitals, Component City Hospitals, and LGU-managed health acre
providers, with the Provincial Health Office, Provincial Hospital(s), and
District Hospital to constitute the province-wide health system. The
municipal and component city shall retain their existing function over their
respective health facilities and personnel under RA 7160 (Local
Government Code of 1991); Provided, That the Provincial Health Bored
shall exercise administrative and technical supervision over health facilities
and services, health personnel, and all other health resources within
territorial jurisdiction; Provided, further, that the concerned LGU may opt
to transfer the control of such health resources and services to the province-
wide health system through a mechanism of cooperative undertakings
provided under Section 33 of RA 7160 (Local Government Code of 1991).
 19.11. The province-wide health system, through the Provincial Health
Office, shall be responsible for the delivery of the promotive, preventive,
curative, rehabilitative, and palliative components of health care within the
province. The province-wide health system shall be linked to at least one (1)
apex or end-referral hospital.
 19.12. The Provincial health Office, headed by a Provincial Health Officer,
shall be responsible for health service delivery and service health systems
management; Provided, That the appropriate organizational structure and
staffing pattern shall be implemented in consideration of the size, population
and geography of the province, subject to the minimum qualification
standards and guidelines approved by the Civil Service Commission (CSC).
 19.12.a. Each Provincial Health Office shall have at least two (2)
divisions, the Health Service Deliver Division headed by an Assistant PHO,
and the Health Systems Support Division headed by another official of
equivalent rank;
 19.12.b. An enabling provincial ordinance shall be passed to create the Assistant PHO and
another official of equivalent rank as plantilla items, if not yet existing, subject to minimum
qualification standards and guidelines approved by the Civil Service Commission (CSC).
 19.12.c. The health service delivery function refers to the management of the health
service delivery operations of primary care provider networks, hospitals and other health
facilities, clinical services, and public health programs including health promotion,
epidemiologic surveillance, and disaster risk reduction and management, within the province-
wide health system;
19.12.d. The health systems support function refers to the management of health
financing, health information system, procurement and supply chain for health products and
services, local health regulation, health human resource development, and health resilience,
among others, in close coordination with the concerned offices of the provincial government;
and,
19.12.e. In consideration of the size, population, and geography of the province, a group
of adjacent municipalities and component cities may form sub-provincial health systems for
effective health service delivery and management of health systems.
City Integration
 19.13. HUCs and ICCs shall endeavor to integrate their health offices, health
centers or station, hospitals, and other city-managed health facilities to constitute
the city-wide health system; Provided, That the city-wide health system, through
its City Health Office, shall be responsible for the delivery of the promotive
preventive, curative, rehabilitative and palliative components of health care within
the city; Provided, further, That the city-wide health system shall be linked to al
least one (1) apex or end-referral hospital.
 19.14. The City Health Office, headed by a City Health Officer, shall be
responsible for health service delivery and health systems management; Provided,
That the appropriate organizational structure and staffing pattern shall be
implemented in consideration of the size, population and geography of the
province, subject to the minimum qualification standards and guidelines approved
by the Civil Service Commission (CSC).
 19.15. Each City Health Office shall have at least two (2) divisions, the Health Service
Deliver Division headed by an Assistant CHO, and the Health Systems Support Division
headed by another official of equivalent rank;
 19.15.a. An enabling city ordinance shall be passed to create the Assistant CHO and
another official of equivalent rank as plantilla items, if not yet existing, subject to minimum
qualification standards and guidelines approved by the Civil Service Commission (CSC).
 19.15.b. The health service delivery function refers to the management of the health
service delivery operations of primary care provider networks, hospitals and other health
facilities, clinical services, and public health programs including health promotion,
epidemiologic surveillance, and disaster risk reduction and management, within the
province-wide health system;
 19.15.c. The health systems support function refers to the management of health
financing, health information system, procurement and supply chain for health products
and services, local health regulation, health human resource development, and health
resilience, among others, in close coordination with the concerned offices of the provincial
government.
Provincial and City Health Boards

 19.16. In addition to the existing composition in accordance with


RA 7160 (Local Government Code of 1991), municipalities, and
component cities included in the province-wide health system
shall be entitled to a representative in the Provincial Health
Board. As applicable, indigenous cultural communities or
indigenous peoples, in accordance with RA 8371 (The Indigenous
Peoples’ Right Act of 1997), shall also be represented in the
Provincial and City Health Boards.
 19.17. The Provincial and City Health Boards, addition to their existing
functions and in accordance with RA 7160 (Local Government Code of
1991), shall;
 19.17.a. Set the overall health policy direction and strategic thrust
including the development and implementation of the integrated strategic and
investment plans of the province-wide and city-wide health system;
 19.17.b. Oversee and coordinate the integration and delivery of health
services across the health care continuum for province-wide and city-wide
health systems;
 19.17.c. Manage the Special Health Fund (SHF); and,
 19.17.d. Exercise administrative and technical supervision over health
facilities and health human resources within their respective territorial
jurisdiction.
 19.18. The Provincial and City Health Board shall create its own management
support unit to assist its operations including the management of the SHF.
 19.19. The Provincial and City Health Boards shall meet at least once a month
or as often as may be necessary.
 19.20. A majority of the members constitutes a quorum for the purpose of
conducting ordinary business of the Provincial and City Health Boards;
Provided, That the chairperson and the vice chairperson must be present
during meetings where local investment plan for health (LIPH), annual
operational plan (AOP) and annual budgetary proposals are being prepared or
considered. The affirmative vote of a majority of all members of the Board is
necessary to approved the health system plans and budgetary proposal;
Provided, further, That the affirmative vote of a majority of the members
present is sufficient to approve matters relating to ordinary business.
 19.21. The chairperson, vice chairperson and members of the
health boards shall perform their duties without compensation or
remuneration. Members thereof who are not government officials
or employees shall be entitled to necessary traveling expenses
and allowances chargeable against the SHF, subject to existing
budgeting, accounting, and auditing rules and regulations.
 19.22. The local health boards of the municipalities and
component cities shall retain their existing composition and
functions.
Section 20. Special Health Fund
 20.1. The province-wide and city-wide health system shall pool and
manage all resources intended for health services through a SHF. Sources
for the SHF shall include financial grants and subsidies from national
government agencies such as the DOH in accordance with Section 22 of
these Rules; income from PhilHealth payments in accordance with
Section 21of these Rules; and other sources such as , but not limited to,
financial grants and donations from Non- Government Organizations,
Faith-Based Organizations, and Official Development Assistance;
Provided, That the concerned LGUs may opt to transfer their local budget
intended for health to the SHF through mechanism of cooperative
undertakings provided under Section 33 of RA 7160 (Local Government
Code of 1991).
 20.2. As determined and approved by the Provincial or city Health Board,
the SHF shall be allocated for:
 20.2.a. Population-based and individual-based health services;
 20.2.b. Capital investment such as, but not limited to, infrastructure,
equipment, and information technology;
 20.2.c. Health system operating cost;
 20.2.d. Remuneration of additional health workers;
 20.2.e. Incentives for all health workers in accordance with RA 7305
(Magna Carta for PHW), RA 7883 (BHW Benefits and Incentives Act), PD
1569 (Strengthening Barangay Nutrition Program), RA 11148 ( Kalusugan
at Nutrisyon ng Mag-Nanay Act) and other relevant laws.
 20.3. The allocation of the financial grants from DOH and income from PhilHealth
payments shall be based on the contractual obligation of the Provincial and City HEALTH
Boards with the DOH and PhilHealth for population-based services and individual-based
services, respectively; LIPH; and SHF guidelines.
 20.4. The Provincial and City Health Boards shall assume full responsibility for the
management of the SHF.
 20.5. The DOH and PhilHealth shall require the creation of a SHF for contracting city-
wide and province-wide health system; Provided, That LGUs shall appropriate, through an
ordinance, counterpart funding to finance health programs based on the local investment
plan for health; Provided, further, That the LGUs that opted to transfer the control of
health resources to the province-wide health system shall transfer the funds intended for
health to the SHF and shall be entitled to additional financial and non-financial incentives,
given that these incentives shall be solely allocated for health-related services; Provided,
finally, Than upon full financial integration, health expenditures of participating LGUs
that are in accordance with these Rules shall be chargeable to the SHF.
 20.6. The DOH and PhilHealth shall establish and maintain a
SHF utilization tracking system to allow real-time collection,
consolidation, and analysis of data on the use of such fund.
Required data for this system shall be considered as health and
health-related data as described in Section 31.1 of these Rules.
 20.7. For this purpose, the DOH and PhilHealth, in consultation
with the DBM, DILD, Department of Finance (DOF),
Commission on Audit (COA) and the LGUs, shall issue
guidelines that specify the allocation and utilization of the SHF.
Section 21. Income Derived from PhilHealth
Payments
 21.1. All income derived from PhilHealth payments of LGU-owned and
managed health offices, facilities, and services shall accrue to the SHF
to be allocated by the LGUs exclusively for the operations and
improvement of the province-wide and city-wide health systems.
 21.2. PhilHealth payments shall be credited to the annual regular
income (ARI) of the provinces, cities, and municipalities, subject to the
SHF guidelines.
Section 22. Incentives for Improving Competitiveness
of the Public Health Service Delivery System

 22.1. The national government, through the DOH, shall make available
commensurate financial and non-financial matching grants, including
capital outlay, human resources for health, health commodities, and such
other management support and technical assistance, to improve the
functionality of province-wide and city-wide health systems; Provided, That
DOH shall issue the annual guidelines on the provision of such grants.
 22.2. Underserved and unserved areas, as defined in Section 4.14 of these
Rules, shall be given priority in the allocation of grants.
 22.3. The province-wide and city-wide investment plans for
health, also known as the LIPH, and the annual operational plans
(AOP) shall serve as the basis for the grants from the national
government, to account for complementation of public and
private health care providers and public or private health sector
investments to national investment plans.
 22.4. Municipalities and component cities that opted to organize
themselves to form sub-provincial health systems shall submit a
consolidated investment plan to the Provincial Health Board as an
input to the LIPH.
RULE VI: HUMAN
RESOURCES FOR
HEALTH
Section 23. National Health Human Resource
Master Plan
 23.1. The DOH shall lead and institutionalize a multi-stakeholder Human Resources for Health
(HRH) Network, composed of both public and private organizations and agencies, to formulate
and oversee the sustainable implementation, monitoring, periodic evaluation, and reformulation of
the National health Human Resource Master Plan, a long term strategic plan for the management
and development of HRH; Provided, That the Plan shall be implemented at the national and local
levels by both government and private sectors; Provided, further, that the following components
shall be included:
 23.1.a. Comprehensive health labor market study adopting a whole of society approach;
 23.1.b. Standards for HRH, in both public and private sector, on staffing requirements,
appropriate generation, recruitment, retraining, regulation, retention, productivity mechanism, and
reassessment of the health workforce that would be updated to accommodate changing population
health needs; and,
 23.1.c. Outcomes pertaining to sustainable production, appropriate skill mix retention in the
health sector, equitable distribution and practice-ready training and education for HRH.
 23.2. The DOH, DBM and the CSC, shall establish mechanisms to create new
positions as necessary to meet staffing standards, as set by DOH, for health
professionals and health workers in government-owned and controlled health
facilities needed to provide health services or implement health programs in
priority areas of the government.
 23.3. All health professionals and health workers required for continuity of
health services and implementation of health programs in priority areas shall
be hired in permanent positions in province-wide and city-wide health systems
under CSC rules and regulations and receive competitive salaries based on
prevailing laws on salaries of civil servants; Provided, That the DOH, DILG
and other concerned agencies, shall issue and enforce guidelines that provide
standard and competitive benefits and incentives for public health workers,
barangay health workers and barangay nutrition scholars and, security of
tenure to those with eligibility.
 23.4. All private and non-government health facilities, including
laboratories, pharmacies, and other such facilities licensed by the
DOH, shall comply with the minimum required health care
professionals and health care workers based on staffing standards as
set by the DOH and shall ensure that those needed for continuity of
health services are hired under regular employment and provided with
competitive salaries, as set by competent government authorities.
 23.5. Relevant national government agencies, LGUs, and the private
sector, shall ensure the availability of sufficient resources to
implement the National Health Human Resource Master Plan;
Provided, That the province-wide and city-wide health system shall
align their investment needs with the Plan.
Section 24. National Health Workforce Support
System
 24.1. For purposes of these Rules, the National Health Workforce Support System
refers to a mechanism that includes: human resources management and development
system; salaries, benefits, and incentives; and, occupational health and safety of
development health care professionals or health care workers to support equity in
local public health systems.
 24.2. To augment health workforce needs of local public health systems, the DOH
shall secure positions to hire health professionals and health workers for deployment
under the National Health Workforce Support System.
 24.3. Deployment of health professionals and health workers shall prioritize GIDAs;
Provided, That, graduates of medical and allied health professions who are recipients
of government-funded scholarship programs as defined in section 25 of these Rules,
shall be prioritized in the recruitment and selection to the allocated positions.
 24.4. Compensation rates of deployed health professionals and health workers shall
follow national rates.
 24.5. Subject to the integration of the province-wide or city-wide health systems,
LGUs shall implement incremental creation of positions to hire the required health
professional and health care worker based on standards, as determined by the DOH;
Provided, That, in the interim, LGUs that are unable to achieve the standards for
health care professional and health care worker are eligible to receive deployment
augmentation from the National Health Workforce Support system.
 24.6. The DOH shall assess the performance of the National Health Workforce
Support System and LGUs’ health workforce compliment. The assessment shall also
include feasibility of hiring additional human resources for health in permanent
positions under province-wide or city-wide health systems to meet standard staffing
requirements for health facilities. Upon consideration of the assessment results, the
DOH, DBM and DILG shall determined the feasibility of absorbing public health
workers under province-wide or city-wide health systems.
Section 25. Scholarship and Training Program
Expansion of Degree and Non-Degree Training Programs

 25.1. The CHED, TESDA, PRC, and DOH shall develop and plan
the expansion of existing and new allied and health-related
degree and training programs based on the health needs of the
population especially those in GIDAs. It shall be incorporated
into the National Health Human Resource Human Plan which
becomes the basis of the number and care, including categories,
where applicable, of health care professionals and health care
workers needed to meet the health needs of the population,
especially those in underserved and unserved areas.
 25.2. The PRC and its accredited organization shall:
 25.2.a. Review and update, if necessary, the accreditation standards and
admission policies or requirements for medical residency and sub-specialty training
and specialization tracks for allied health professions to support reducing trainee
attrition rates;
 25.2.b. Regulate the number of trainees per program in favor of producing
enough medical and allied health professional with appropriate competencies for
primary and specialty practice, based on the health needs of the population and
priorities identified by the DOH, especially those in GIDAs; and,
 25.2.c. Assist national government agencies, LGUs, and the private sector in the
establishment of accredited programs for medical residency and sub-specialty
training, and specialization tracks for allied health professions, where feasible, in
province where specialist or sub-specialist and allied health professionals are in
shortage.
 25.3. The Commission on Higher Education (CHED) and the Technical Education and
Skills Development Authority (TESDA) shall:
 25.3.a. Review and update, as necessary, all recognition or accreditation policies
and guideline for health education programs, prioritizing the expansion of
undersubscribed courses;
 25.3.b. Develop support programs to assist graduates acquire necessary and relevant
qualifications, such as professional licenses for practice or civil service eligibility for
those who wish to be employed in government;
 25.3.c. Develop new programs in coordination with the DOH to supply the health
care provider networks with practice-ready health and allied health care professionals
and health care workers to meet health workforce requirements;
 25.3.d. Regulate the number of enrollees per program in favor of producing
sufficient allied and health-related degree graduates based on the health need of the
population, especially those in the underserved and unserved areas, and enforce stricter
admission policies and guidelines to reduce student and trainee attrition rates;
 25.3.e. Promote and support the establishment of medical and health science schools
and technology vocational training providers in region where health care professionals and
health care workers are inadequate and production capacity is limited by the lack of
accessible training facilities or professional education programs; and,
 25.3.f. Regulate the quality of education of medical and allied health schools and
technical-vocational education and training providers and take necessary actions to enforce
quality standards.
 25.4. The DOH shall:
 25.4.a. Assist national government agencies, LGUs, and the private sector in the
establishment of accredited programs for medical residency and sub-specialty training, and
specialization tracks for allied health profession to produce specialist and sub-specialist in
underserved and unserved areas; and,
 25.4.b. Regularly updates to the PRC, CHED, and TESDA of the number and
distribution of the health workforce to support the coordinated and balanced production of
health professionals and health workers, as well as the health service needs of underserved
and unserved areas and populations.
Expansion of Scholarship for Health
 25.5. The DOH and CHED shall increase production of identified cadre of health
professionals and health managers as determined by the National Health Human
Resource Master Plan through the expansion and redirection on government-funded
scholarship programs that would support the production of needed cadre of health care
professionals, health care workers, health managers and improve local retention.
 25.6. The DOH and CHED shall resource funds for scholarship grants; refer to a
modality of financial assistance that they provide to eligible individuals through
government- funder scholarship programs, which include full or supplementary payment
for subsidies to complete tuition fees and other school fees such as living, book and
uniform allowances; and require corresponding return service obligation to national or
local government; Provided, That bona fides residents of underserved and unserved
areas or members of indigenous people shall prioritized for scholarship grants from the
national government, LGUs, NGOs or private entities, and international bodies.
Registry of Health Professionals and Workers

 25.7. The PRC and DOH in coordination with duly registered medical and allied
health professional societies shall set up a registry of medical and allied health
professionals indicating, among others, their current number of practitioners and
location of practice. 
 25.8. The DOH shall determine the human resources for health data required for the
national health workforce registry, and act as a repository of the data collected and
manager of the registry.
 25.9. The PRC, together with their accredited medical and allied health professional
organizations and other national and local bodies, within their mandates, shall
provide the DOH with relevant health care professional and health care worker data.
For this purpose, the DOH is authorized to collect data and information for the
national health workforce registry from relevant agencies, including NGOs, private
organizations and facilities.
Inclusion of Primary Care Competencies in
Health Professional and Health Worker Curricula

 25.10. The CHED, the PRC, and the DOH in coordination with duly registered medical and allied
professional societies, shall:
 25.10.a. Reorient health care professional and health care worker curriculum towards primary
health care, with emphasis on public health and primary care;
 25.10.b. Determine recommended areas of study in public health to be incorporated in the
curriculum of all health sciences education; and,
 25.10.c. Incorporate education outcomes focusing in primary care in the education programs;
scope of licensure examinations, continuing professional development programs for health
professionals; and, certification programs for health care workers.
 25.11. The DOH and PRC shall issue guidelines for the eligibility requirements, standard
competencies, training mechanisms, and post-graduate certification pr0cess for primary care workers.
This is without prejudice to any transitory process that may be adopted to implement Section 6 of
these Rules.
Section 26. Return Service Agreement

 26.1 All graduates of allied and health-related courses who are


recipients of government-funded scholarship programs, as described in
Section 25 of these Rules, must enter into a return service agreement
(RSA) with both the academic or training institution or training facility
and the DOH. Graduates entering into an RSA shall be required to serve
in one of the DOH-specified priority health facilities or fields of
practice, within the public sector in the Philippines, on a full-time basis
of at least three (3) full years, within one (1) year upon graduation or
acquiring the necessary license to practice; Provide, That those who will
serve for additional two (2) years shall be provided with additional
incentives as determined by the DOH.
 26.2. The DOH shall issue guidelines that specify condition for
admission of scholarship recipients into post-graduate degree programs
or specialty training courses under the RSA.
 26.3. Graduates of allied and health-related courses who are recipients
of government-funded scholarship program shall be prioritized for
government employment and training opportunities, including
permanent position under province-wide or city-wide health systems,
position for medical residency and sub-specialty training, and
specialization tracks for allied health professions in government
facilities, and shall receive standard compensation and benefits based on
prevailing national rates for civil servants.
 26.4. The DOH and academic or training institutions, whether public or
private, with government-funded scholarship programs shall set up a
monitoring system to track scholarship recipients and graduates and
monitor compliance to return service and assess effectivity of the RSA.
 26.5. The DOH and CHED, in consultation with State Universities and
Colleges, Local Universities and Colleges, and private academic and
training institutions with health professional education programs shall
institutionalize mechanism to encourage their graduates to serve in
priority areas and field of practice in the public sector.
 26.6. The DOH, CHED, and PRC shall develop guidelines for
noncompliance and mechanism to define obligations for recipients of
scholarship who fail to render return service.
RULE VII. REGULATION
Licensing for Primary Care Facilities and
Stand-Alone Health Facilities 
 27.4 The DOH shall institute a responsive licensing and regulatory system for
stand-alone health facilities, including those providing ambulatory and primary
care services, and other modes of health service provision such as, but not limited
to, mobile health services and digital technologies for health, subject to
the appropriate regulatory instruments. 
 27.5. The DOH shall issue a License to Operate and Certificate  of Accreditation,
as appropriate, to these facilities that shall be valid for at least three (3) years,
unless otherwise provided by laws and issuances and shall be independent of
permits, registration, and accreditation issued by other government offices. 
 27.6 The mandate and enforcement mechanism of DOH to regulate health
facilities and services shall be expanded and strengthened. For thus purpose, the
DOH shall establish line regulatory units up to the regional level to harmonize
and enforce licensing standards; and shall allocate funds and resources to support
such regulatory mandate. 
Clinical Practice Guidelines 

 27.7 The DOH, in cooperation with professional societies and the


academe, shall set standards for clinical care through the
development,  appraisal, and use of clinical practice guidelines
(CPGs) based on best evidence, to  assist practitioners on clinical
decision-making. 
 27.8. The DOH shall establish a mechanism for the
development, adoption and dissemination of
CPGs; Provided, That DOH
and PhilHealth shall monitor compliance to such CPGs. 
Section 28. Affordability 
National price Reference Indices for Drugs, Medical Devices and
Supplies

 28.1. The DOH shall expand the current drug price reference index (DPRI)
implemented in DOH-owned health facilities and developed price reference
indices before mark ups for drugs, medical devices and supplies.  
 28.2. In establishing the price reference indices for drugs, medical devices and
supplies, the DOH shall consider all factors relevant to their costs. 
 28.3. The procurement price for innovative, proprietary, patented, and single-
sourced drugs, medical devices and supplies shall be centrally negotiated by a
price negotiation board at the lowest price that is most advantageous to the
government I  accordance with RA 9184 ( Government Procurement Reform
Act) and other Government Procurement Policy Board (GPPB) issuances. 
 28.4. The DOH shall update the price reference indices at least every year and
make them public through various platforms, including web-based databases,
price booklets, and publication in major newspapers. 
 28.5. All DOH-owned health care facilities shall procure drugs, medical
devices and supplies guided by the price reference indices in accordance
with relevant laws, such as, RA 9184 (Government Procurement Reform
Act) and RA 9502 (Cheaper Medicines Act of 2008). 
 28.6. Noncompliance by the DOH-owned health facilities with the published
price reference indices shall be subject to existing rules and administrative
sanctions as stipulated in these Rules and other relevant laws such as RA 9184
(Government Procurement Reform Act), RA 9502 (Cheaper Medicines Act of
2008), and RA 7394 (Consumer Act of the Philippines), among others. 
 28.7. The published price reference indices shall guide PhilHealth in setting
payment rates for drugs, medical devices and supplies for its contracted
healthcare providers. 
Prescribed Mark-ups for Drugs, Medical
Devices and Supplies 
 28.8. The DOH shall prescribe uniform rules and structures in setting
mark-ups for drugs, medical devices and supplies that shall be applied
by DOH owned health facilities on top of the price reference indices to
protect patients from excessive and unnecessary charges. 
 28.9. All DOH-owned health care facilities shall submit to the DOH all
relevant costs and information necessary for the creation of a mark-up
structure for drugs, medical devices and supplies. 
 28.10. All DOH-owned health care facilities shall adhere to the price
structure and shall not go beyond the prescribed mark-ups for drugs,
medical devices and supplies. 
 28.11. PhilHealth shall adopt the prescribed mark-ups issued by
the DOH in setting payment mechanisms for drugs, medical devices
and supplies among its contracted DOH-owned health care
facilities. 
 28.12. Noncompliance to the prescribed mark-up structure shall be
subject to existing rules and administrative sanctions as stipulated in
these Rules and other relevant laws such as RA 9184 (Government
Procurement Reform Act), RA 9502 (Cheaper Medicines Act of
2008), and RA 7394 (Consumer Act of the Philippines), among
others. 
Central Price Negotiation for Health
Technologies 

 28.13. An independent price negotiation board, composed of


representatives from the DOH, PhilHealth and the DTI, among
others, shall be constituted to negotiate prices on behalf of the
DOH and PhilHealth, guided by certain parameters including new
health technology, innovator drugs, and sourced from a
single supplier; Provided, further, That the negotiated price in the
framework contract shall be applicable for all healthcare
providers under DOH; Provided, finally, That the board
shall adhere to the guidelines issued by the GPPB. 
Framework Contracting of Drugs, Medical
Devices and Supplies
 28.14. The DOH shall promulgate guidelines and procedures in
implementing framework contracting on drugs,
medical devices and supplies. 
 28.15. Multi-year framework contracts may be implemented by the
DOH in accordance with RA 9184 (Government Procurement
Reform Act) and other GPPB issuances to ensure the continuous
availability of drugs, medical devices and supplies centrally
negotiated by the price negotiation board at affordable
prices, which shall be applicable throughout the term of the
contracts.
Submission of Price Information by All
Healthcare Providers 

 28.16. Healthcare providers and facilities shall be required to


make readily accessible to the public and patients and submit to
DOH and PhilHealth, all pertinent, relevant, and up-to-
date information regarding the prices of health services, and all
goods and services being offered. 
 28.17. The DOH and PhilHealth shall issue the guidelines on
submission of information and public access to
said information regarding the prices and charges for all goods
and services, including professional fees being offered by health
care providers and health care provider networks. 
 28.18. The DOH and PhilHealth shall issue policies and procedures,
as well as establish systems to undertake the following functions: 
             28.18.a. Monitor the prices of health services, which include
among others, laboratory fees, cost procedures, cost of amenities,
professional fees, and other health services provided by hospitals and
other health care providers; Provided, That the collection,
submission, and publication of price data as required by law shall
form part of data submission to PhilHealth; and, 
             28.18.b. Monitor the prices of all health goods such as drugs
and medicines, health and medical devices, and laboratory and
medical supplies. 
Mandatory Provision of Fairly Priced Generics 
 28.19. Drug outlets shall be required at all times to make available and
offer fairly priced generic equivalent of all drugs in the DOH Primary
Care Formulary (PCF) based on the local needs and prevailing disease
patterns in the community. 
 28.20. No retailer or drug outlet shall withhold from sale refuse to sell to
consumers fairly priced generic equivalents of drugs in  the PCF. 
 28.21. The DOH shall issue a list of generic drugs in the PCF with
their corresponding fair prices. 
 28.22. Noncompliance to this specific provision shall be subject to
administrative sanctions under these Rules and relevant laws such as the
RA 9711 (Food and Drug Administration Act of 2009), RA 9502 (Cheaper
Medicines Act of 2008), and RA 7394 (Consumer Act of the Philippines). 
Complementation of Private Health Insurance
and Health Maintenance Organizations 
 28.23. The DOH, Philhealth, HMOs, and life and non-life PHIs, in
consultation with the Insurance Commission, shall establish a coordination
mechanism, and develop standards, policies and plans that complement the
NHIP’s benefit schedule, with the following as minimum requirements: 
              28.23.a. HMOs and life and non-life PHIs shall cover the cost of
amenities and other healthcare goods and services that are not covered
by PhilHealth subject to the contractual obligations entered into by the
member with HMOs and life and non-life private health insurance; and,  
              28.23.b. HMOs, life and non-life PHIs shall duly submit health and
health-related data, as prescribed in Section 31.1 of these Rules, In aid of
developing policies, standards, and plans. 
Section 29. Equity 
Preferential Licensing of Health Facilities 

 29.1 The DOH shall develop the framework and


guidelines on appropriate service capability in underserved and
unserved areas, considering complementary infrastructure,
equipment and bed capacity, and number of health care
professionals for purpose of preferential licensing of health
facilities and contracting of health services. 
 29.2. The DOH shall develop the guidelines for identifying GIDA
barangays and update the list of underserved and unserved areas
annually. 
 29.3. The DOH shall develop a system to prioritize the processing
of applications and issuance of License to Operate and
Certificate of Accreditation for health facilities in these
areas. PhilHealth shall establish an incentive scheme in contacting
DOH-licensed health facilities and services located in underserved
and unserved areas that shall ensure sustainability of provision of
safe and quality health services. 
 29.4. The DOH, PhilHealth and LGUs shall prioritize GIDAs in the
provision of assistance and support, such as but not limited to,
health human resources, infrastructure, medical equipment and
supplies to ensure equitable distribution of health services and
benefits. 
Bed Capacity of Hospitals

 29.5. Government general hospitals, regardless of size and level, are


required to operate not less than ninety percent (90%) of their
authorized bed capacity as basic or ward accommodation. 
 29.6. Specialty hospitals, either single-specialty or multi-specialty
government hospitals as designated by the DOH, are required
to operate not less than seventy percent (70%) of their authorized bed
capacity as basic or ward accommodation. 
 29.7. Private hospitals are required to operate not less than ten
percent (10%) of their authorized bed capacity as basic or ward
accommodation. 
 9.8. Currently licensed hospitals shall fully comply with the required
allocation of beds for basic or ward accommodation subject to the
guidelines that will be issued by the DOH; Provided, That the required
allocation of beds for basic or ward accommodation shall
be immediately applicable to new hospitals applying for License to
Operate. 
 29.9. All government general hospitals, specialty hospitals, and private
hospitals are required to annually submit a report, through a DOH
online reporting system, on the allotment and actual utilization of the
authorized beds for basic or ward accommodation, in compliance to
licensing requirements. 

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