Private Health Workers Incentives and Benefits Act

Senate Office of the rcretary 25 DEC 10 P5:07 TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) First Regular Session RECEIVED BY: SENATE S. No. 1598 Introduced by Senator Ronald "Bato" Dela Rosa AN ACT PROVIDING FOR INCENTIVES AND BENEFITS FOR HEALTH CARE WORKERS IN THE PRIVATE SECTOR, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES EXPLANATORY NOTE The 1987 Constitution of the Philippines expressly mandates that the State shall "establish and maintain an effective food and drug regulatory system and undertake appropriate health manpower development and research, responsive to the country's health needs and problems." From this constitutional mandate, it is clear that the State bears the responsibility of fostering a healthcare system that is not only robust, but also protective. Protective, especially, of those who contribute to sustaining it. Thus, it stands to reason that healthcare personnel, whether public or private, who are on the giving end of healthcare, must also find themselves on the receiving end of state protection and care. However, in the absence of a specific law that institutionalizes incentives and benefits for health workers in the private sector, a glaring disparity persists between public and private healthcare frontliners. This bill seeks to address that gap by institutionalizing a range of allowances and protections for private health care workers (HCWs), recognizing their invaluable

contribution to safeguarding the health and well-being of our people. The COVID-19 pandemic has underscored the critical role of all health workers, regardless of the institution they serve, in managing public health crises and delivering essential services. The proposed measure provides for the following benefits: a monthly Health Care Worker Allowance, a Special Risk Allowance during public health emergencies, a Subsistence Cash Allowance, and a Living Quarters Allowance. It also ensures financial compensation for private HCWs who suffer injury or death in the line of duty. By enacting this legislation, we move closer to a more inclusive and equitable health care system: one that values all health workers, both public and private, as partners in achieving our national health goals. In view of the foregoing, the immediate passage of this bill is earnestly sought. RONALD "BATQ" DELA ROSA

Senate Office of the etertary TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES ) 25 DEC 10 P5:07 First Regular Session ) SENATE RECEIVED BY: S. No. 1598 Introduced by Senator Ronald "Bato" Dela Rosa AN ACT PROVIDING FOR INCENTIVES AND BENEFITS FOR HEALTH CARE WORKERS IN THE PRIVATE SECTOR, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the "Private Health Workers

2 Incentives and Benefits Act."

Sec. 2. Declaration of Policies. - The State has the duty to protect its citizens,

and to promote their right to health. This constitutional mandate ensures the general welfare and protection of the people. Pursuant thereto, i t is imperative to establish a system where: 1. A universal access to a comprehensive health care system is guaranteed to all citizens, regardless of status, race or religion; 2. Health workers, whether in the public or private sector, are adequately compensated, protected and safeguarded from all forms of abuse and discrimination; 3. The indispensable role of the private sector, even in the health care system is encouraged, and recognized; 4. As part of the labor sector, and as equally provided for among the members of the public health sector, the rights and interests of private health workers are protected and guaranteed by the State.

Sec. 3. Coverage of this Act. - The provisions and benefits provided for under

this Act shall be given to all members of the private health sector. For purposes of this Act, "private health care workers" shall mean all persons who are engaged in health and health-related work in health facilities and other health-related establishments

wholly owned and operated by private individuals or corporations. It shall include medical, allied health professional, administrative and support personnel including maintenance, janitorial and security personnel, employed regardless of their employment status.

Sec. 4. Incentives and Benefits for Private Health Care Workers. - The following

incentive and benefits shall be given to private health workers subject to limitations provided for in this Act: a) Health Care Workers Allowance. Health Care Workers Allowance amounting to Five Thousand Pesos (P5,000.00) per month shall be given to all private health workers regardless of location of work: Provided, That health workers shall receive proportionate amount corresponding to the number of days he/she reported for work; b) Special Risk Allowance. In the event of pandemics or health crisis as determined by the Secretary of Health, Special Risk Allowance equivalent to maximum of 25% of monthly basic salary shall be given to private health care workers who have great exposure to occupational health risks, perils to life, and physical hardships in the line of duty; C) Subsistence cash allowance. Subsistence cash allowance shall be granted to all private health care workers computed based on the number of meals included in the duration when they rendered actual work per month: Provided, That subsistence allowance shall be computed not less than Seventy Five Pesos (P75.00) per meal; d) Living Quarters' allowance. Living Quarters' allowance shall be given to private health care workers who, by nature of their work and gravity of the medical workload being handled, are required to stay in the hospital premises or rent living quarters near the hospital where they are employed, to be computed based on the prevailing rental rate In the locality: Provided, That in lieu of the cash allowance, the employer of private health workers may provide free living quarters and housing within or near the premises of health facilities; and e) Work-related Compensation Benefit. Notwithstanding any law to the contrary, private health care workers who may be injured or contract any disease while In the performance of their duties shall be entitled to the amount of One hundred Thousand Pesos (P100,000.00): Provided, That the amount of One Million Pesos (P1,000,000.00) shall be given to health care workers who may die while in the performance of their duty: Provided further, That entitlement to allowance for work-related injuries and diseases under this Act shall not preclude health care workers to claim other benefits for the same injury or disease provided for by other laws.

Sec. 5. Source of Funds. - The initial amount needed to carry out the objectives

of this Act shall be charged against the current year's Miscellaneous Personnel Benefit Fund under the General Appropriations Act. Thereafter, such sums as may be

necessary for the continued implementation of this Act shall be included in the General 2 Appropriations Act. In addition, funds needed for the implementation of this Act may be sourced 4 from the annual remittances of PAGCOR, under section 7 (a) of PD 1869, otherwise known as the PAGCOR Charter, and 10% of the remittances of the Philippine Charity Sweepstakes Office (PCSO), under Section 6 (b) of the PCSO Charter, Republic Act 1169, as amended by Batas Pambansa 42.

Sec. 6. Implementing Rules and Regulations. - Within ninety (90) days after

the approval of this Act, the Department of Labor and Employment (DOLE), and the Department of Health (DOH), in consultation with professional healthcare organizations and unions, healthcare provider organizations and other stakeholders, shall jointly promulgate the necessary rules and regulations for the Implementation of this Act.

Sec. 7. Separability Clause. - If, for any reason, any section or provision of this

Act is declared unconstitutional or invalid, such other sections or provisions not affected thereby shall remain in full force and effect.

Sec. 8. Repealing Clause. - All laws, decrees, orders, rules, and regulations and

executive orders contrary to or inconsistent with this Act are hereby repealed or modified accordingly.

Sec. 9. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the official gazette or a newspaper of general circulation. Approved,