RA 11223 (Universal Health Care Act) CHAPTER XI

Oversight Provision.

Section 39

SEC. 39. Oversight Provision. - There is hereby created a Joint Congressional Oversight Committee on Universal Health Care to conduct a regular review, of the implementation of this Act which shall entail a systematic evaluation of the performance, impact or accomplishments of this Act and the performance of the various agencies involved in realizing universal health care, particularly with respect to their roles and functions. The Joint Congressional Oversight Committee shall be jointly chaired by the Chairpersons of the Senate Committee on Health and Demography and the House of Representatives Committee on Health. It shall be composed of five (5) members from the Senate and five (5) members from the House of Representatives, to be appointed by the Senate President and the Speaker of the House of Representatives, respectively. The National Economic and Development Authority, in coordination with the PSA, National Institutes of Health, and other academic institutions shall undertake studies to validate and evaluate the accomplishments of this Act. These validation studies and annual reports, on the performance of the DOH and PhilHealth shall be submitted to the Joint Congressional Oversight Committee. The DOH and PhilHealth shall allocate an adequate funding for the purpose of conducting these studies. The Joint Congressional Oversight Committee shall commission an independent study to evaluate the implementation of this Act.

Performance Monitoring Division.

Section 40

SEC. 40. Performance Monitoring Division. - The DOH shall establish a Performance Monitoring Division to monitor and evaluate the proper and effective implementation of the provisions of this Act. The office in charge of field implementation performance of the DOH shall comprise the core personnel of the office which shall be augmented by the DOH Secretary, as may be deemed necessary.

Transitory Provision.

Section 41

SEC. 41. Transitory Provision. - (a) Within thirty (30) days from the effectivity of this Act, the President of the Philippines shall appoint the new members of the Board and the President of PhilHealth. The existing board of directors ;diall serve in a hold-over capacity until a full and permanent board of directors of PhilHealth is constituted and functioning. (b) All officers and personnel of PhilHealth, except members of the Board who shall be governed by the first paragraph of this section, shall continue to perform their duties and responsibilities and receive their corresponding salaries and benefits. The approval of this Act shall not cause any demotion in rank or diminution of salary, benefits and other privileges of the incumbent personnel of PhilHealth: Provided, That qualified officers and personnel may voluntarily elect for retirement or separation from service and shall be entitled to the benefits under existing laws. (c) All affected officers and personnel of the PCSO shall be absorbed by the agency without demotion in rank or diminution of salary, benefits and other privileges: Provided, That qualified officers and personnel of the agency may voluntarily elect for retirement or separation from service based on PCSO Board-approved Early Retirement Incentive Program (ERIP), utilizing internally-generated funds, or savings from its operating fund: Provided, finally, That the retirement benefit package shall be reasonable and within the bounds of existing laws. (d) In the first six (6) years from the enactment of this Act, the National Government shall provide technical and financial support to selected LGUs that commit to province-wide integration, subject to further review after the lapse of six (6) years: Provided, That in the first three (3) years from the enactment of this Act, the province-wide and city-wide systems shall exhibit managerial integration: Provided, further, That within the next three (3) years thereafter, the province-wide and city-wide systems shall exhibit financial integration: Provided, finally, That upon positive recommendation by an independent study commissioned by the Joint Congressional Oversight Committee on Universal Health Care of the overall benefit of province-wide integration and the positive recommendation of the Secretary of Health, all local health systems shall be integrated as prescribed by Section 19 of this Act through the issuance of an Executive Order by the President. (e) In the first ten (10) years from the enactment of this Act, PhilHealth may outsource certain functions to ensure operational efficiency and- towards the fulfillment of this Act: Provided, That any outsourcing shall comply with the provisions of Republic Act No. 9184, otherwise known as the "Government Procurement Reform Act", and its IRR. (f) In the first three (3) years from the enactment of this Act, PhilHealth and DOH shall provide reasonable financial and licensing incentives to contracted health care facilities to form health care provider networks. Thereafter, these incentives shall be withdrawn and providers shall be fully subject to the provisions of Section 19 of this Act. (g) The HTAC under the DOH shall be established within one (1) year from the effectivity of this Act: Provided, That the existing health benefit package shall be rationalized within two (2) years from the establishment of the HTAC. (h) Within three (3) years from the effectivity of this Act, all private insurance companies and HMOs, together with DOH and PhilHealth, shall have developed a system of co-payment that complements PhilHealth benefit packages. (i) Within ten (10) years from the effectivity of this Act, only those who have been certified by the DOH and PRC to be capable of providing primary care will be eligible to be a primary care provider. (j) For the first two (2) years from the effectivity of this Act, the PCSO shall transfer at least fifty percent (50%) of the forty percent (40%) of the charity fund per year, in accordance with Section 37(c) of this Act, to enable the PCSO to conclude and liquidate its Individual Medical Assistance Program At-Source-ang-Processing (IMAP-ASAP) obligations.

Section 42

SEC. 42. Interpretation, - All doubts in the implementation and interpretation of this Act, including its IRR, shall be resolved in favor of upholding the rights and interests of every Filipino to quality, accessible and affordable health care. Nothing in this Act shall be construed to eliminate or Mbn any way diminish Program benefits being enjoyed at the time of promulgation of this Act.

Section 43

SEC. 43. Implementing Rules and Regulations (IRR), -The DOH and the PhilHealth, in consultation and coordination with appropriate national government agencies, civil society organizations, nongovernment organizations, private sector representatives, and other stakeholders, shall promulgate the necessary rules and regulations for the effective implementation of this Act no later than one hundred eighty (180) days upon the effectivity of this Act.

Separability Clause.

Section 44

SEC. 44. 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.

Repealing Clause.

Section 45

SEC. 45. Repealing Clause. - The pertinent provisions of the following laws are hereby amended accordingly: (a) Sections 6, 7, 10, 12, 16(n), 18, 19, 25, 26, 27, 28, 44, 45, 46, 47, 48 and 54 of Republic Act No. 7875, otherwise known as the "National Health Insurance Act of 1995", as amended by Republic Act No. 9241 and Republic Act No. 10606; (b) Section 8(c) of Republic Act No. 10351, otherwise known as the "Sin Tax Reform Law"; (c) Presidential Decree No. 1869, otherwise known as the PAGCOR Charter, as amended; and (d) Republic Act No. 1169, otherwise known as the PCSO Charter, as amended, with respect Home Sections Supreme Court Court of Appeals Court of Tax Appeals Sandiganbayan Court Issuances Laws Executive Issuances Treaties References Document Management Compose new document Search for documents Add document categories Add ponente E-Library Document Editor List documents New Preview Title AN ACT INSTITUTING UNIVERSAL HEALTH CARE FOR ALL FILIPINOS, PRESCRIBING REFORMS IN THE HEALTH CARE SYSTEM, AND APPROPRIATING FUNDS THEREFOR