Submitted To The Senate Committee On Health And Demography
- S. NO. 1095 – Introduced by Senator Lito M. Lapid
AN ACT STRENGTHENING THE REGULATION OF HEALTH
FACILITIES AND SERVICES, AND APPROPRIATING FUNDS
THEREFOR, REPEALING FOR THE PURPOSE REPUBLIC ACT
NO. 4226, OTHERWISE KNOWN AS THE ‘HOSPITAL
LICENSURE ACT’ - S. NO. 1437 – Introduced by Senator Ramon Revilla Jr.
AN ACT MODERNIZING THE REGULATION OF HEALTH
FACILITIES AND SERVICES, AND APPROPRIATING FUNDS
THEREFOR, REPEALING FOR THE PURPOSE REPUBLIC ACT
NO. 4226, OTHERWISE KNOWN AS THE ‘HOSPITAL
LICENSURE ACT’
Comments:
The proposed Senate Bills seek to expand the powers of the Bureau of Health
Facilities and Services and (BHFS), formerly called the Health Facilities and
Services Regulatory Bureau (HFSRB), and repealing the Hospital Licensure Act.
LPP supports the expansion of the definition of a hospital and health service
institution or establishment to include testing, diagnostics, rehabilitation, mobile
clinic, the other establishments, etc.
To emphasize, the regulatory function of the licensing or regulatory agency or
office or the HFSRB must be retained.
We support the expansion of its regulatory powers, including the quasi-judicial
powers of the licensing and regulatory agency or office.
The licensing and regulatory agency or office must be mandated to act within 60
days from receipt of the application for contraction permit and for the license to
operate (LTO). Failure by the responsible officers, including the Chief or Head of
Office, to act within this period must be penalized.
During a national emergency, an application, such as the License To Operate or
LTO for testing center that Marikina City proposed to set up, must be acted upon
within 10 days. Failure to act within the period must also be penalized.
Before application for LTO of a private entity is acted upon, it must be required to
present the necessary Mayor’s permit. Or before a private hospital or health service
establishment is allowed to operated within a locality, the necessary business
permit must be secured first from the concerned LGU.
Before the application for construction permit for both private and government
hospitals — other than those established by the concerned LGU — is acted upon,
the necessary building permit from the LGU must form part of the application for
construction permit.
This is necessary since LGUs partly implement the Building Code and the general
welfare clause of the 1991 Local Government Code.
Since the DOH is empowered to order a closure of a hospital or health service
establishments, there must be a colatella or a proviso that those patients patronizing
these hospitals or establishment must be protected.
Income from hospitals and health service establishments operated by LGUs must
remit their income to the concerned LGUs. This is pursuant to Section 5, Article
X of the 1987 Constitution which mandates that all local revenues must accrue
directly to the LGU, viz:
X x x
“SECTION 5. Each local government unit shall have the
power to create its own sources of revenues and to levy
taxes, fees, and charges subject to such guidelines and
limitations as the Congress may provide, consistent with
the basic policy of local autonomy. Such taxes, fees, and
charges SHALL ACCRUE EXCLUSIVELY TO THE
LOCAL GOVERNMENTS.” (underscoring supplied for
emphasis).
- S. NO. 1132 – Introduced by Senator Ralph G. Recto
AN ACT REQUIRING ALL PUBLIC HOSPITALS TO PREPARE
AND IMPLEMENT A HOSPITAL SITE DEVELOPMENT PLAN
FOR THE OPTIMUM UTILIZATION OF ITS RESOURCES IN
DELIVERING HEALTH SERVICES
Comments:
The proposed Senate Bill requires all government or public hospitals to prepare
and implement a hospital site development plan.
While the intention of the proposed Senate Bill is laudable, its general application
to include those public hospitals managed by LGUs interferes with how LGUs
should manage their own resources which is anathema to the principle of local and
fiscal autonomy of LGUs guaranteed in the 1987 Constitution1. Further,
recognizing the reality of lack funds in actually implementing the LGUs’ hospital
site plan, it will reduce the same into a “wish list,” as used in the Explanatory Note
and result in the waste of public money in its preparation.
There must be a proper qualification of the type of “public hospital”. First, there
are those managed by the national government through the DOH; and secondly,
there are those managed by the LGUs.
For those managed by the national government or the DOH-managed public
hospitals, the selection of the site/s located in a particular LGU must be done with
prior consultation with and upon prior concurrence of the LGU2 concerned since
these plans must likewise conform to their Regional as well as Provincial/ City/
and Municipal Annual Investment Plans. Otherwise, the lack of coordination with
these concerned LGUs may result in a waste of time, money, and resources. The
Local Government Code guarantees the prior consultation and concurrence of
LGUs in these local matters that affect the general welfare and public safety of their
constituents.3
1 1987 Constitution; Article II, Section 25; and Article X. Local Governments.
2 RA 7160 Chapter III, Article 1. Section 27. Prior Consultations Required. – No project or program shall
be implemented by government authorities unless the consultations mentioned in Sections 2 (c) and 26
hereof are complied with, and PRIOR APPROVAL OF THE SANGGUNIAN concerned is obtained:
Provided, That occupants in areas where such projects are to be implemented shall not be evicted
unless appropriate relocation sites have been provided, in accordance with the provisions of the
Constitution.
3 Ibid.
For public hospitals managed by the LGUs, such as the provincial and district or
city hospitals, the hospital site development plan must conform to the LGUs’
Annual Investment Plan, as approved by its respective local development council
and its Chief Executive and must be in accord with the existing provisions of the
Local Government Code (R.A. No. 7160) such as the selection and transfer of local
government site, offices AND FACILITIES4 and its improvements.
Under the LGCode, all lands, buildings, and other improvements thereon actually,
directly and exclusively for hospitals are classified as special classes of real
property5 and hence, the selection of the same may be limited.
Since in the proposed bill, there are no specific provisions that expressly repeals
these codal provisions the governing hospitals and its site selection and/or
improvements, then it is presumed that such provisions are still to be observed.
*Note: Some provincial and district hospitals up to this time, are located in public
lands still owned by the national government through the DOH. These assets or
properties should have been turned over by the DOH to the concerned LGU
managing such hospital facility where it stands on, as provided in the Local
Government Code.6 Hence, it is strongly recommended that a provision be
4 R.A. 7160 Book I, Title I, Chapter II, Section 11 (c). Section 11. Selection and Transfer of Local
Government Site, Offices and Facilities. – X x x “(c) Local government offices AND
FACILITIES shall not be transferred, relocated, or converted to other uses unless public
hearings are first conducted for the purpose and the concurrence of the majority of all the
members of the sanggunian concerned is obtained.” (underscoring supplied)
5 R.A. 7160, Book I, Title II, Chapter II. Appraisal and Assessment of Real Property;
“Section 216. Special Classes of Real Property. – All lands, buildings, and other improvements
thereon actually, directly and EXCLUSIVELY USED FOR HOSPITALS, cultural, or scientific
purposes, and those owned and used by local water districts, and government-owned or
controlled corporations rendering essential public services in the supply and distribution of
water and/or generation and transmission of electric power shall be classified as special.”
(underscoring supplied)
6 R.A. 7160, Book I, Title I, CHAPTER II. General Powers and Attributes of Local Government Units;
Section 17. Basic Services and Facilities. – X x x
“(h) Regional offices of national agencies or offices whose functions are devolved to local
government units as provided herein shall be phased out within one (1) year from the
approval of this Code. Said national agencies and offices may establish such field units as
may be necessary for monitoring purposes and providing technical assistance to local
government units. THE PROPERTIES, EQUIPMENT, AND OTHER ASSETS OF THESE
REGIONAL OFFICES SHALL BE DISTRIBUTED TO THE LOCAL GOVERNMENT
UNITS IN THE REGION in accordance with the rules and regulations issued by the
oversight committee created under this Code.
(i) The devolution contemplated in this Code SHALL INCLUDE THE TRANSFER TO LOCAL
GOVERNMENT UNITS OF THE RECORDS, EQUIPMENT, AND OTHER ASSETS AND
PERSONNEL OF NATIONAL AGENCIES AND OFFICES CORRESPONDING TO THE
DEVOLVED POWERS, FUNCTIONS, AND RESPONSIBILITIES.” (underscoring supplied for
emphasis) inserted to reiterate and effect the immediate transfer of these assets and properties
by DOH to these concerned LGUs. This is because the province/s would like to
improve on and rehabilitate/ renovate/ upgrade these facilities but since the title
of the property is not in the name of the LGU, the Commission on Audit will issue
an Audit Observation Memorandum and shall not authorize the allocation and use
of local public funds for this purpose.
- S. NO. 1471 – Introduced by Senator Sonny Angara
AN ACT AMENDING CERTAIN PROVISIONS OF REPUBLIC
ACT NO. 11036, OTHERWISE KNOWN AS THE MENTAL HEALTH ACT
Comments:
The SB seeks to amend the Mental Health Act or RA 11036 to increase benefits for
mental health care, particularly Section 5 on the Rights of Service Users, by
inserting a new provision, to wit:
The League supports the proposed Bill of Senator Angara as the intention of the
new provision recognizes that mental health is significant as physical and
physiological health and well-being.
This measure is very timely specially now with this Covid-19 pandemic when our
people, both young and old, were exposed to this first-ever community quarantine
and were required by the Government to stay at home.
Our frontliners, who continue to risk their lives to fight this disease affecting
Filipinos, may experience physical, emotional, social and psychological
depression, anxieties, or even traumatized due to the uncertainties brought about
by Covid-19.
This pandemic has affected how people think, feel, and act. Mental health helps
determine how we handle stress, relate to others, and make important choices.
Mental health is indeed very important at every stage of life, from childhood and
adolescence through adulthood.
If left unchecked, mental health problems may bring about life threatening
situations for the extremely affected, and can negatively affect the productivity of
our people.
Although mental health problems are common, Government must ensure that
help is available and that they can get better and recover completely with
Government support through such benefits and financial assistance for any mental
disability, temporary or permanent, while in the performance of duty or by reason
of his or her office or position.
The League, therefore, fully supports its immediate passage.
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Respectfully Submitted by:
(Sgd.) GOV. PRESBITERO J. VELASCO, Jr.
National President