One Electronic Medical Records Act

TWENTIETH CONGRESS OF THE ) 25 JUL -3 26:19 REPUBLIC OF THE PHILIPPINES ) First Regular Session SENATE S. No. _ Introduced by Senator Manuel "Lito" M. Lapid AN ACT ESTABLISHING A UNIFIED ELECTRONIC MEDICAL RECORDS FOR ALL PATIENTS OF PUBLIC HOSPITALS AND CLINICS, ESTABLISHING FOR THIS PURPOSE THE ELECTRONIC MEDICAL RECORD CENTER UNDER THE DEPARTMENT OF HEALTH AND APPROPRIATING FUNDS THEREFOR EXPLANATORY NOTE Article XIII, Section 11 of the 1987 Constitution provides that: "The State shall 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 at affordable cost." In countries such as Australia, the United Kingdom, Sweden, and Canada, patients already enjoy access to their medical records online. Regrettably, the Philippines still relies heavily on traditional paper-based medical records, which leads to several major issues-such as the lack of standardization among healthcare providers, poor searchability, and a heightened risk of data loss. To address these challenges, this bill seeks to grant all patients in every hospital and clinic access to their electronic medical records (EMRs). EMRs are digital versions of a patient's medical history, which include-but are not limited to-diagnoses,

medications, treatment plans, immunization records, and laboratory test results. These digital records provide accurate, up-to-date, and comprehensive documentation of a patient's medical profile. EMRs are designed to facilitate the secure and efficient sharing of relevant health information among authorized medical service providers. This system eliminates the limitation of having a patient's data confined to a single provider. As a result, EMRs enhance patient care, improve diagnostic accuracy, support better health outcomes, and promote patient engagement-while also increasing the operational efficiency of healthcare facilities. By improving coordination among healthcare professionals, EMRs enable more effective diagnosis and treatment. They reduce the risk of medical errors and improve the reliability of prescriptions. Moreover, they help reduce administrative burdens for healthcare providers and prevent unnecessary duplication of tests and assessments, thereby lowering healthcare costs for both providers and patients. Patients deserve the benefits of a secure, efficient, and accurate database that equips healthcare professionals with the information necessary to deliver appropriate and timely care. Additionally, aggregated EMR data can serve as a valuable resource for policymakers, providing evidence-based insights that can inform decisions on healthcare priorities, resource allocation, and policy development. In view of the foregoing, the passage of this bill is earnestly sought. Senator M. LAPIDA

TWENTIETH CONGRESS OF THE ) JUL -3 P6:19 REPUBLIC OF THE PHILIPPINES First Regular Session SENATE S. No. _ Introduced by Senator Manuel "Lito" M. Lapid ESTABLISHIING A UNIFIED ELECTRONIC MEDICAL RECORDS FOR ALL PATIENTS OF PUBLIC HOSPITALS AND CLINICS, ESTABLISHING FOR THIS PURPOSE THE ELECTRONIC MEDICAL RECORD CENTER UNDER THE DEPARTMENT OF HEALTH 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 "One Electronic

Medical Records Act."

SECTION 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 the people at affordable cost. Towards this end, the State shall likewise encourage the integration of Information and Communications Technology (ICT) to modernize, improve, and streamline the advancement of the healthcare sector. The development of a robust, accurate, and secure database is hereby considered indispensable in the government's healthcare program.

SECTION 3. Definition of Terms. - For purposes of this Act, the following

terms shall mean: 1) Electronic Medical Records (EMR) refer to the digital compilation of a patient's medical profile, background, and history stored on a computer, including but not limited to, diagnoses, medications, treatment plans,

immunization dates, laboratory tests or examinations. It shall come in a standard electronic format. 2) Medical Service Providers refer to all medical practitioners, hospitals, clinics, centers and other similar institutions that provide medical care service and assistance.

SECTION 4. Establishment, Maintenance, and Uploading of Electronic Medical

Records. - The Department of Health (DOH), with the Department of Information and Communications Technology (DICT) and the Philippine Health Insurance Corporation (PhilHealth) shall establish a unified electronic medical records (EMR) database that shall be accessible to all government-run hospitals and medical service providers, PhilHealth and other public healthcare financing institutions, and patients. Notwithstanding all provisions of existing laws to the contrary, medical service provides shall establish 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 back-up records. The DOH may establish guidelines for portability of EMR for use by private medical institutions subject to relevant data privacy laws.

SECTION 5. Electronic Medical Records Center. - There shall be created an

Electronic Medical Record (EMR) Center to be placed under the Office of the Secretary of the 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 EMR Center shall generate specialized software or application, as may be practicable, to be distributed and used as the standard platform for the maintenance, updating, uploading, and making available EMR. The EMR Center shall endeavor to create an emergency contact center to assure the availability of records and assistance to patients accessing medical records at any time of the day.

SECTION 6. Data Security - The EMR system shall comply fully with the Data

Privacy Act of 2012 (RA No. 10173). The DOH, in coordination with the National Privacy Commission (NPC), shall issue implementing rules and regulations (IRRS) covering: 1) End-to-end encryption of patient data; 2) Role-based access controls and multi-factor authentication; 3) Redundant data storage; 4) Data breach response protocols; 5) Audit trails and regular privacy impact assessments The EMR shall be kept secure and free from interference and unauthorized access and for this purpose, it shall be equipped with security measures to protect the integrity and confidentiality of these records. Provided, further, that the security features of electronic medical records shall comply with the security provisions as provided for in Republic Act No. 8792, otherwise known as the Electronic Commerce Law of 2000. The EMR Center shall endeavor to use state-of-the-art technology to protect its data against unauthorized access, breach, or other activities that compromise its integrity.

SECTION 7. Training and Capacity Building - The DOH shall allocate funds for

training healthcare personnel, including physicians, nurses, administrative staff, and IT support teams, on the use and maintenance of the EMR system. This shall include online modules, in-person workshops, and continuous learning support.

SECTION 8. EMR Support Services - All institutions authorized to input

information in the EMR shall have access to technical support services from the EMR Center. The EMR Center shall ensure reasonable access to information to authorized entities.

SECTION 9. Monitoring and Evaluation - A dedicated unit within the EMR

Center shall:

1) Conduct regular system functionality and data quality audits; 2) Monitor compliance with data privacy and cybersecurity standards; 3) Collect and analyze user feedback; and 4) Report to Congress and the public annually on EMR system performance, challenges, and progress.

SECTION 10. Appropriations. - There is hereby authorized to be appropriated

for the implementation of this Act the amount of One Hundred Million Pesos (P100,000,000.00) for the initial operations of the Electronic Medical 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 11. Implementing Rules and Regulations. - The Department shall

create a special committee to draft the Implementing Rules and Regulations (IRR) governing this Act. Within three (3) months from the effectivity of this Act, the said special committee shall submit the IRR to the Secretary of the Department who shall approve the same within thirty (30) days.

SECTION 12. Separability Clause. - If for any reason, any provision of this

Act is declared unconstitutional or invalid, parts of provisions of this Act that are not 18 affected shall continue to be in full force and effect.

SECTION 13. Repealing Clause. - All laws, decrees, executive orders,

issuances, rules and regulations, or parts thereof not consistent with the provisions of this Act are hereby repealed or modified and/or superseded as case may be by this Act accordingly.

SECTION 14. Effectivity. - This Act shall take effect fifteen (15) days after its

complete publication in the Official Gazette or in at least two (2) newspapers of general circulation, whichever comes earlier. Approved,