HOUSE BILL NO. 3678- “Overseas Filipino Workers (OFWs) Hospital Act of 2013.” January 20, 2014 at 4:44pm AN ACT ESTABLISHING A HOSPITAL FOR OVERSEAS FILIPINO WORKERS AND THEIR DEPENDENTS AND APPROPRIATING FUNDS THEREFOR Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: SECTION 1. Title. – This Act shall be known as the “Overseas Filipino Workers (OFWs) Hospital Act of 2013.” SEC. 2. Declaration of Policy. – Section 11, Article XIII, of the 1987 Constitution of the Republic of the Philippines, declares 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. For this Constitutional mandate, the State shall protect the interest, promote, and enhance the well-being of overseas Filipino workers, including their families and dependents through the provision of personal health care services in particular, and social welfare services in general. SEC. 3. Definition of Terms. – As used in this Act, the following terms shall be defined to mean as: (a) “Overseas Filipino Worker” shall refer to a person who is to be engaged, is engaged, or has been engaged in a remunerated activity in a state of which he or she is not a legal resident. A person “to be engaged in a remunerated activity” refers to an applicant worker who has been promised or assured employment overseas and acting on such promise or assurance sustains damage and/or injury. The term “Overseas Filipino Worker” shall be used interchangeable with “Migrant worker”. (b) “Overseas Filipinos” shall refer to migrant workers, other Filipino nationals and their dependents abroad. (c) “Legal Resident” shall refer to a person who has obtained permanent residency status in accordance with the law of the host country. (d) “Host Country” shall refer to a country or State where overseas Filipinos are located or found. (e) “Dependents” shall refer to the following: (1) the legal spouse entitled by law to receive support from the overseas Filipino worker; (2) the legitimate, legitimated, or legally adopted, and 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, he is congenitally incapacitated or while still a minor has been permanently incapacitated and incapable of self-support, physically or mentally; and (3) the parents who are receiving regular support from the overseas Filipino worker. SEC. 4. Overseas Filipino Workers’ Hospital and Wards: Creation. – To implement the policy declared in this Act, there is hereby established an Overseas Filipino Workers’ Hospital in the National Capital Region, which shall be the primary medical facility for the hospitalization, confinement, medical treatment and medical care of overseas Filipino workers, including their families and dependents. In addition, each regional hospital shall establish an Overseas Filipino Workers’ Ward as the facility for the hospitalization and medical care of overseas Filipino workers, including their families and dependents residing outside the National Capital Region, with an initial capacity of at least fifty (50) beds. The hospitalization, confinement, medical treatment and medical care of overseas Filipino workers, including their families and dependents at the Overseas Filipino Workers’ Hospital shall be free of whatever charges. SEC. 5. Exemption from Taxes and Duties. – The Overseas Filipino Workers’ Hospital shall be granted the status of a tax-exempt government facility. The Hospital shall be exempt from the payment of taxes on all contributions thereto and all donations, bequest, subsidies or financial aids which may be made to it. Accordingly, any donation, contribution, bequest, subsidy or financial aid to the Hospital shall constitute as allowable deduction from the income of the donor for income tax purposes and shall be exempt from donor’s tax, subject to such conditions as provided in the National Internal Revenue Code, as amended. SEC. 6. Objectives. – To ensure the acceptability, availability, and accessibility of quality health care, the Overseas Filipino Workers’ Hospital shall: (a) Provide for a comprehensive health care services and social welfare services to overseas Filipino workers, including their families and dependents; (b) Ensure the inclusion of the following services: preventive, promotive, diagnostic, curative and rehabilitative programs as complement to the existing package of services under the National Health Insurance Program; (c) Conduct medical examination and testing to determine the physical fitness and mental soundness of overseas Filipino workers; and (d) Set-up a system that will effectively monitor the condition of patients and to generate relevant information/data in aid of policy formulation. SEC. 7. The Board of Directors. – (a) Composition – The Hospital shall be governed by a Board of Directors hereinafter referred to as the Board, composed of nine (9) members as follows: (i) The Secretary of the Department of Health (DOH) as ex-officio Chairman. (ii) The Administrator of the Philippine General Hospital (PGH) as ex-officio Vice-Chairman. (iii) The President and Chief Executive Officer of the Philippine Health Insurance Corporation (Philhealth) as ex-officio Member. (iv) The Secretary of the Department of Labor and Employment (DOLE) or his representative as ex-officio Member. (v) The Secretary of the Department of Social Welfare and Development (DSWD) or his representative as ex-officio Member. (vi) Four (4) Representatives from the overseas Filipino workers sector: one (1) from National Capital Region; one (1) from Luzon; one (1) from Visayas; and one (1) from Mindanao as Members. (b) Appointment and Tenure – The President of the Republic of the Philippines shall appoint the members of the Board from a list of nominees prepared by the Ex Officio Chairman in consultation with the Party-List group representing the aforesaid sector where the four (4) representatives are former overseas Filipino workers for a term of three (3) years without reappointment. Except for members whose terms shall be co-terminus with their respective positions in government, any vacancy in the Board shall be filled in the manner in which the original appointment was made and the appointee shall serve only the unexpired term of his predecessor. (c) Meetings and Quorum – The Board shall hold regular meetings at least once a month. Special meetings may be convened at the call of the Chairman or by a majority of the members of the Board. The presence of five (5) voting members shall constitute a quorum. In the absence of the Chairman and Vice-Chairman, a temporary presiding officer shall be designated by the majority of the quorum. (d) Allowances and Per Diems – The members of the Board shall receive a per diem for every meeting actually attended subject to the pertinent budgetary laws, rules and regulations on compensation, honoraria and allowances. SEC. 8. Responsibilities, Powers and Functions. – The Board of Directors of the Overseas Filipino Workers’ Hospital shall have the following responsibilities, powers and functions: (a) To formulate and implement measures and programs to achieve the objectives of the Overseas Filipino Workers’ Hospital as mentioned in Section 6 of this Act; (b) To issue rules and regulations to implement the declared policy of this Act; (c) To organize the structure of the Hospital in accordance with a staffing pattern prepared by it and approved by the Department of Budget and Management; (d) To appoint the officials, employees and other personnel of the Hospital, subject to civil service laws, rules and regulations, and to prescribe their duties and fix their compensation subject to the provisions of Republic Act No. 6758, otherwise known as the Salary Standardization Law; (e) To formulate and promulgate policies for the sound administration, maintenance, and operations of the Hospital; (f) To formulate and implement guidelines on the proper disposition of contributions, donations, bequests, subsidies or financial aids/assistance received by the Hospital; (g) To enter into agreements and contracts which may be necessary or expedient for the attainment of the objectives of this Act; and (h) To perform such other acts as it may deem appropriate for the attainment of the objectives of the Hospital and for the proper enforcement of the provisions of this Act. SEC. 9. Appropriations. – There is hereby appropriated the sum of Five Hundred Million Pesos (Php500,000,000.00) to fund the initial budgetary requirements of this Act. Thereafter, the amount necessary to implement the provisions of this Act shall be included in the annual General Appropriations Act. SEC. 10. Separability Clause. – If any provision or part of this Act is declared unconstitutional or invalid, the remaining parts or provisions not affected shall remain in full force and effect. SEC. 11. Repealing Clause. – All laws, decrees, ordinances, rules and regulations and other issuances or parts thereof, which are inconsistent with this Act, are hereby repealed or modified accordingly. SEC. 12. Effectivity Clause. - This Act shall take effect fifteen (15) days after publication in the Official Gazette or in at least two (2) national newspapers of general circulation. Approved, https://facebook/notes/ofw-family-party-list/house-bill-no-3678-overseas-filipino-workers-ofws-hospital-act-of-2013/569660846460614
Posted on: Mon, 20 Jan 2014 10:06:06 +0000
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