OFW Hospital Act

Senate Offier of the Son care TWENTIETH CONGRESS OF THE SEP -2 ATO:05 REPUBLIC OF THE PHILIPPINES First Regular Session RECEIVED BY: SENATE S. No. 1329 Introduced by Senator MARK A. VILLAR AN ACT ENHANCING THE MEDICAL ACCESS OF MIGRANT WORKERS AND THEIR FAMILIES BY STRENGTHENING THE MIGRANT WORKERS HOSPITAL AND APPROPRIATING FUNDS THEREFOR EXPLANATORY NOTE Migrant workers are hailed as "modern-day heroes" not only for their invaluable contributions to keeping the economy afloat but also for their sacrifice and tenacity, as they continue to navigate unfamiliar territory, arduous working conditions, and long-term separation from their families. Aside from these, migrant workers face various struggles and hardships abroad, which cause them to be exposed to the risk of physical and mental health problems. Thus, in recognition of their contributions and sacrifices, it is necessary for the government to establish a hospital that would cater to the needs of our migrant workers. This bill seeks to establish the Migrant Workers Hospital and Diagnostic Center (Migrant Workers Hospital, which shall primarily cater to migrant workers and their dependents. This shall be established in San Juan City, Pampanga. Among the purposes of the Migrant Workers Hospital is to establish, operate, and maintain medical facilities, including a medical and diagnostic center to provide comprehensive and people-centered health care services to OFWs and their qualified dependents. Through the establishment

of a hospital dedicated to migrant workers, they will be guaranteed immediate and efficient health care services. In view of the foregoing, approval of this bill is earnestly sought. MARK A. VILLAR

Office of the cartarp TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 SEP -2 A10:05 SENATE 1329 S. No. - маток. / V Introduced by Senator MARK A. VILLAR AN ACT ENHANCING THE MEDICAL ACCESS OF MIGRANT WORKERS AND THEIR FAMILIES BY STRENGTHENING THE MIGRANT WORKERS HOSPITAL AND APPROPRIATING FUNDS THEREFOR Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the "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 an 5 affordable cost. To this end, the State shall protect the interests and promote the well- 6 being of overseas Filipino workers (OFWs) through the provision of social welfare 7 services in recognition of their importance and contribution to economic development 8 and nation-building.

Sec. 3. Definition of Terms. - As used in this Act:

a) Dependents refer to any of the following: 1) The legal spouse entitled by law to receive support from the OFW; 2) The legitimate, legitimated, legally adopted, or illegitimate child who is unmarried, not gainfully employed, and has not reached twenty-one (21) years of age, or if over twenty-one (21) years of age, is congenitally incapacitated or while still a minor has been permanently incapacitated and incapable of self-support, physically or mentally; or

3) The parents who receive regular support from the OFW; and b) Overseas Filipino Worker (OFW) or Migrant Worker refers to a Filipino who has been engaged, is engaged, or is to be engaged in a remunerated activity in a country of which the said person is not an immigrant citizen, or a permanent resident of, or is not awaiting naturalization, recognition, or admission, whether land-based or sea- based regardless of status; excluding a Filipino engaged under a government-recognized exchange visitor program for cultural and educational purposes, For purposes of the Act, a person engaged in remunerated activity covers a person who has been contracted for overseas employment but has yet to leave the Philippines, regardless of status, and includes "Overseas Contract Workers."

Sec. 4. OFW Hospital and Diagnostic Center. - The "Overseas Filipino Worker

Hospital and Diagnostic Center" (OFW Hospital), established in the city of San Fernando, province of Pampanga, shall primarily cater to OFWs and their dependents. It shall be a government instrumentality with corporate powers, managed and supervised by a Board of Trustees chaired by the Secretary of the Department of Migrant Workers (DMW), being the primary national agency with the mandate of ensuring the welfare of the OFWs and their dependents: Provided, That nothing herein shall prevent the OFW Hospital from accommodating patients other than OFWs or their qualified dependents.

Sec. 5. Purposes and Objectives. - The OFW Hospital shall:

a) Establish, operate, and maintain medical facilities, including a medical and diagnostic center to provide comprehensive and people-centered health care services to OFWs and their qualified dependents and the general public. b) Serve as a referral facility for repatriated OFWs needing medical assistance and support while ensuring its participation in the provincial and inter-regional healthcare provider networks to allow for a seamless and coordinated referral system for the medical repatriation program in

accordance with Republic Act (RA) No. 11223 or the "Universal Health Care Act". c) Promote, encourage, engage in, and publish scientific research on the prevention, care, and treatment of occupational diseases common to OFws, including the underwriting of research on biological, demographic, social, economic, eugenics, physiological aspects of occupational disorders of OFWs, and conduct relevant congresses, conventions, seminars, and conferences. d) Develop training programs for medical and allied medical professionals which shall focus on strengthening occupational and migrant health services in the country and the creation of specialized services. e) Provide telehealth services to migrant workers and their dependents for follow-up consultation, and to assist in the medical assessment and management of distressed OFWs while awaiting repatriation, which may be extended at Philippines foreign posts or migrant workers offices. f) Conduct pre-employment medical examinations of OFW applicants, subject to pertinent rules and regulations. g) Strengthen health surveillance through the provision of a post- employment or post-arrival medical examination for OFWs, in consonance with RA No. 8042 or the "Migrant Workers and Overseas Filipinos Act of 1995", as amended, and the Philippine Migrant Health Program of the Department of Health (DOH); h) Raise public awareness and conduct a massive information drive on the prevention, treatment, and control of diseases common to OFWs, occupational health and safety, and physical fitness, and i) Assist and support universities, research institutions, and other hospitals or medical facilities in their studies on health-related concerns of OFWs.

Sec. 6. Powers of the OFW Hospital. - 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 deem necessary to accomplish the purposes and objectives of the OFW Hospital, subject to the approval of the DMW Secretary; and j) Exercise such other powers and functions as may be necessary or incidental for the accomplishment of the purposes and objectives of the OFW Hospital.

Sec. 7. Creation of the OFW Hospital Board of Trustees. - There is hereby

2 created an OFW Hospital Trust, for the benefit of OFWs, to be administered by a Board 3 of Trustees, composed of seven (7) members. Three (3) members of the Board shall constitute a quorum to transact business, and any decision of the three (3) members 5 on any matter shall constitute a valid and binding act of the OFW Hospital. The Composition of the OFW Hospital Board shall be as follows: a) Chairperson: Secretary, DMW; b) Vice-Chairperson: Secretary, Department of Health (DOH); and c) Members: 1)Secretary, Department of Labor & Employment; 2) Administrator, Overseas Workers Welfare Administration (OWWA); 3)Secretary, Department of Social Welfare and Development; and 4)Land-based OFWs Representative; 5) Sea-based OFWs Representative The representatives of land-based and sea-based OFWs shall be appointed by 16 the President from a list of nominees of their OFW organizations as endorsed by the Chairperson to the President. The nominees shall be at least forty (40) years of age, and an OFW with at least five (5) years of work experience abroad at the time of his or her nomination. The members of the Board may elect an alternate, whose name shall be submitted to the President for appointment. In case of vacancy, the head of the agency may nominate an alternate, subject to official appointment by the President of the Philippines. The following shall be the powers and functions of the Board of Trustees: a) Approve and promulgate policies, guidelines, programs, and plans for the sound administration, maintenance, and operations of the OFW Hospital for the Implementation of the purposes and objectives of this Act; b) Approve the organizational structure and staffing pattern of the OFW Hospital in accordance with the revised compensation and position

classification system, subject to the evaluation and approval of the DBM, and in compliance with civil service and other pertinent laws, rules, and regulations; c) Appoint, remove, suspend, or otherwise discipline the officers of OFW Hospital occupying executive and senior management positions subject to civil service and other applicable laws, rules, and regulations; d) Adopt the annual and supplemental budget of the OFW Hospital; and e) Exercise all the general powers necessary or proper for the attainment of the purpose and objectives of this Act.

Sec. 8. Medical Center Chief. - The Medical Center Chief shall be appointed by

the DMW Secretary. The Medical Center Chief shall have the following duties and responsibilities: a) Provide overall direction and strategic leadership to the OFW Hospital, toward the provision of high-quality health services; b) Oversee all managerial and administrative processes and operations of all departments of the OFW Hospital; c) Supervise the daily activities of functional units; d) Ensure high standards in clinical training for medical and allied medical personnel; e) Execute, on behalf of the OFW Hospital, ali contracts and agreements which it may enter into and accomplish and deliver any and all documents relative to such contracts and agreements, subject to the approval of the DMW Secretary; 1) Represent the OFW Hospital in all dealings with other offices, agencies, and instrumentalities of the government and all other persons or entities, domestic or foreign, and government or private; g) Submit, for the consideration and approval of the Board, the proposed development plans, programs, measures, policies, and guidelines necessary for the effective implementation of the purposes and objectives of this Act;

h) Appoint, promote, transfer, remove, suspend, or otherwise discipline the officers and employees of the OFW Hospital, except those appointed by the Board; and 1) Exercise such other powers and perform such duties as may be vested by the DMW Secretary.

Sec. 9. Duties and Responsibilities of the DMW. - The DMW shall:

a) Establish a focal office for migration and health in the DMW to ensure that the country's migrant health program is mainstreamed in the plans and programs of the OFW Hospital, which shall include: 1) Assistance in identifying, documenting, processing, and approving applications for benefits granted to OFWs and their qualified dependents; 2) Establishment of a referral system within the OFW Hospital to ensure efficient delivery of medical and health care services to OFWs and their qualified dependents; 3) Strengthening of the existing health benefits and medical assistance programs, through OWWA, such as subsidies on hospitalization and medical procedures for OFWs and their qualified dependents, subject to the availability of funds and resources; and 4) Active engagement in the Philippine Migrant Health Network, an inter-agency, multi-stakeholder network for migrant health, composed of members from other government, non- governmental agencies, academe, civil society organizations, private sector, and international organizations, to advocate and lobby support for migrant health programs. b) Create a consultative committee and other necessary mechanisms for the effective participation of land-based and sea-based accredited OFW organizations in the formulation of policies for the effective implementation of programs and measures to attain the objectives of the OFW Hospital; and

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

Sec. 10. Duties and Responsibilities of the DOH. - The DOH shall:

a) Ensure that the necessary permits and licenses to operate the OFW Hospitals 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; c) 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 d) 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 RA 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 Hospital. - The amount necessary for the initial

implementation of this Act shall be charged against the current year's appropriations 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 or in a newspaper of general circulation. Approved,