Implementing Guidelines on the Grant of Compensation to Public and Private Health Workers Pursuant to Section 4 (f) of R.A. No. 11469

June 4, 2020

DOH-DOLE-DBM JOINT ADMINISTRATIVE ORDER NO. 2020-0001

 

I. RATIONALE

The health workers are at the forefront in the fight against the COVID-19 pandemic which puts them at high risk for infection.

In recognition of the unselfish and invaluable contributions of the health workers who risk their lives to help fight and prevent further spread of COVID-19 in the country, Section 4 (f) of Republic Act No. 11469, otherwise known as the "Bayanihan to Heal as One Act," authorizes the President to provide compensation of One Hundred Thousand Pesos (P100,000.00) to public and private health workers who may contract severe COVID-19 infection while in the line of duty, and compensation of One Million Pesos (P1,000,000.00) to public and private health workers, who may die while fighting the COVID-19 infection, retroactive from February 1, 2020.

Corollary, the President of the Philippines, through a Memorandum from the Executive Secretary dated 28 March 2020, authorizes the Department of Health (DOH), in coordination with the Department of Budget and Management (DBM) and Department of Labor and Employment (DOLE) to verify qualifications of beneficiaries.

To ensure that the entitled health workers are given the compensation benefit indicated in the said Republic Act these implementing guidelines are hereby promulgated.

II. OBJECTIVE

The purpose of this Order is to provide the implementing guidelines to rationalize the grant of compensation to public and private health workers who contracted severe COVID-19 infection or who became COVID-19 casualties.

III. SCOPE AND COVERAGE

This JAO shall apply to all public and private health workers who contracted COVID-19 while in the line of duty, reckoning from February 1, 2020.

The guidelines herein prescribed shall be the guide and basis for the DOH, DOLE and DBM in the provision of compensation to affected health workers.

IV. DEFINITION OF TERMS

For purposes of this JAO, the following terms and phrases shall mean and be understood as follows:

a. Health workers — refers to medical, allied medical, and other necessary personnel regardless of the nature of employment assigned in hospitals, and health facilities who are directly catering to or exposed to persons who are classified as either suspect, probable or confirmed COVID-19 cases.

b. Health facilities — refers to publicly or privately owned structures dedicated primarily to provision of services for health promotion, prevention, diagnosis, treatment, rehabilitation and palliation of individuals suffering from illness, disease, injury, disability, or deformity, or in need of obstetrical or other medical and nursing care (adopted from Universal Health Care Act Implementing Rules and Regulations).These include, but are not limited to, hospitals, clinics, diagnostic facilities, and temporary treatment, quarantine, swabbing/testing sites and monitoring facilities, duly licensed or designated by DOH for COVID-19 response.

c. Severe COVID-19 disease —

c.1 refers to confirmed cases classified as either "severe pneumonia" or "critical pneumonia," based on PhilHealth Circular 2020-0009; or,

c.2 a probable or confirmed COVID-19 case, exhibiting severe (dyspnea, hypoxia, or >50% lung involvement on imaging) or critical (respiratory failure, shock, or multi-organ dysfunction) symptoms (DM No. 2020-0138: Adoption of PSMID Clinical Practice Guidelines on COVID-19).

d. Death due to COVID-19 disease — refers to a death caused by COVID-19 infection, clinically diagnosed using the International Classification of Diseases 10 (ICD-10 Version: 2019),pronounced and officially documented in a Death Certificate by the attending physician or city/municipal health officer, in case of death outside of a health facility.

e. Primary beneficiaries — refers to the following: surviving legal spouse, until s/he remarries or co-habits/engages in common-law relationship; and the dependent legitimate, legally adopted or legitimated children, including illegitimate children, who have reached the age of majority, or have reached the age of majority but incapacitated and incapable of self-support due to mental or physical defect acquired prior to age of majority (adopted from the survivorship benefits of GSIS).

f. Secondary beneficiaries — refers to dependent parents and subject to the restrictions on dependent children, the legitimate descendants. (adopted from the survivorship benefits of GSIS).

V. GENERAL GUIDELINES

a. The compensation provided to health workers pursuant to Section 4 (f), of RA No. 11469 is without prejudice to other existing benefits provided under the applicable government insurance systems and their governing laws.

b. Secondary beneficiaries are only entitled to compensation benefits if there are no primary beneficiaries.

c. In case of death of the health worker, one million pesos (P1,000,000) may be provided to their beneficiaries upon submission of required documents to support claims.

VI. SPECIFIC GUIDELINES

a. Eligibility for Compensation

The grant of compensation to qualified health workers shall be subject to the following conditions:

a.1 The health workers provide critical and urgent services for the containment and management of COVID-19 disease.

a.2 The health workers are either:

a.2.1 Employee occupying regular, contractual, or casual position, on full time or part-time basis, in a public or private health facility;

a.2.2 Worker engaged through contract of service (COS) or job order (JO),duly accredited volunteer workers including but not limited to swabbers, encoders/barcoders, contact tracers, ambulance drivers and barangay health workers, regardless of the nature of engagement, provided they are assigned in health facilities as defined under Item IV (b);and

a.2.3 Medical or allied medical personnel under the Armed Forces of the Philippines, Department of National Defense; and Philippine National Police, Bureau of Fire Protection and Bureau of Jail Management and Penology under the Department of the Interior and Local Government; Bureau of Corrections under the Department of Justice; Philippine Coast Guard under the Department of Transportation; and the National Mapping and Resource Information Authority under the Department of Environment and Natural Resources, Philippine National Red Cross and other government agencies providing medical services for COVID-19 response.

a.3 Health worker has contracted severe COVID-19 disease in the line of duty, as evidenced by any appropriate official and/or medical record.

b. Requirements for Claim

b.1 The health worker who suffered severe COVID-19 disease and recovered from it shall submit the following minimum requirements for the one hundred thousand pesos sickness compensation:

b.1.1 Original copy of an Updated Service Record or Certificate of Employment

b.1.2 Original copy of Medical Abstract signed by the attending physician

b.1.3 Photocopy of any two (2) valid government issued IDs (Passport, driver's license, GSIS or SSS UMID, PhilHealth, Postal, PRC, Sr. Citizen's and OFW ID)

b.2 The surviving legal dependents/beneficiaries shall submit all the requirements indicated in b.1, together with the following minimum requirements for the one million pesos death compensation:

b.2.1 If deceased is married:

• Original copy of Death Certificate issued by Philippine Statistics Authority (PSA) or PSA-authenticated death certificate issued by LGU

• Original copy of Marriage certificate issued by PSA

• Photocopy of any two (2) valid government issued IDs of surviving spouse (Passport, driver's license, GSIS or SSS UMID, PhilHealth, Postal, PRC, Sr. Citizen's and OFW ID)

• Original copy of Birth certificate/s of minor/incapacitated children issued by PSA

b.2.2 If deceased is legally separated, annulled or with void marriage:

• Original copy of Death Certificate issued by PSA or PSA-authenticated death certificate issued by LGU

• Authenticated copy of Decree of Legal Separation

• Authenticated copy of Certificate of Finality of Annulment/Nullity or Annotated Marriage Contract/Certificate issued by PSA

• Original copy of Birth certificate/s of minor/incapacitated children issued by PSA

• Original copy of Affidavit of Guardianship, if with minor/incapacitated children

• If the legal guardian is not the natural parent, the affidavit should be supported by a Certification from the Barangay

b.2.3 If deceased is single:

• Original copy of Death Certificate issued by PSA or PSA-authenticated death certificate issued by LGU

• Original Copy of Birth certificate/s of minor/incapacitated children issued by PSA

• Affidavit of Guardianship, if with minor/incapacitated children

• If the legal guardian is not the natural parent, the affidavit should be supported by a Certification from the Barangay

• Photocopy of two (2) valid government issued IDs of the legal guardian (Passport, driver's license, GSIS or SSS UMID, PhilHealth, Postal, PRC, Sr. Citizen's and OFW ID)

b.2.4 If deceased has no primary beneficiary and dependent parent/s is/are still alive:

• Original copy of Death Certificate issued by PSA or PSA-authenticated death certificate issued by LGU

• Original copy of Marriage contract of parent/s issued by PSA

• Photocopy of two (2) valid government issued IDs of the legal guardian (Passport, driver's license, GSIS or SSS UMID, PhilHealth, Postal, PRC, Sr. Citizen's and OFW ID)

• Affidavit of parents indicating the deceased died single, leaving no child/ren, and that they/he/she are/is wholly dependent upon the deceased for support

b.2.5 If deceased has no primary beneficiary and dependent parents are both deceased, the next legitimate descendant(s) shall submit the following:

• Original copy of Death Certificate issued by PSA or PSA-authenticated death certificate issued by LGU

• Authenticated copy of Marriage Contract of health worker's parents issued by PSA

• Original copy of Death Certificates of parents issued by PSA

• Affidavit of surviving legal heirs stating among others that affiants are the only surviving legal heirs of the deceased member, their relationship to the deceased member and that they are executing the document for the purpose of claiming the benefit from DOH

• Photocopy of two (2) valid government issued IDs of the legal guardian (passport, driver's license, GSIS or SSS UMID, PhilHealth, Postal, PRC, Sr. Citizen's and/or OFW ID)

b.3 Certification

b.3.1 for public health workers assigned at the LGU, secure certification from the province, city and municipality health office

c. Classification of Claims

c.1 Claims shall be processed by the following offices:

 

a. Central Office (MPO)	For health workers under the following: • Specialty/special hospitals • Attached agencies • Other government agencies mentioned in sub-section a.1.3, under Section VI.a. Eligibility for Compensation • Mega Swabbing Sites: MOA, Enderun College and Palacio de Maynila • Temporary treatment areas
Centers for Health Development • Cordillera • Ilocos • Cagayan Valley • Central Luzon • CALABARZON • MIMAROPA • Bicol • Western Visayas • Central Visayas • Eastern Visayas • Zamboanga Peninsula • Northern Mindanao • Davao • SOCCSKSARGEN • CARAGA • BARMM • Metro Manila	For health workers under the following: • DOH retained hospitals within their jurisdiction • Private hospitals • Mega Swabbing Site: Phil. Arena (Bulacan) • Temporary treatment areas • Quarantine sites

 

d. Process of Claims and Payment

d.1 The claims for sickness and death compensation of health workers shall be processed by the DOH through its Malasakit Program Office (MPO)/and Medical Assistance to Indigent Patients (MAIP) Coordinators in the Center for Health Development (CHD).

d.2 The health worker or legal beneficiary (or his/her duly authorized representative) shall prepare all the requirements to be submitted to the concerned DOH Office.

d.3 The DOH concerned office shall evaluate the completeness and veracity of the requirements submitted by the health worker or legal beneficiary.

d.4 For public health worker at the LGU, the DOH concerned office shall refer with the province, city, municipal health officer to verify the submitted requirement and validate the claim of the health worker or legal beneficiary.

d.5 The DOH concerned office shall send an official notification to the health worker or legal beneficiary once his/her claim is approved and available for release. Likewise, an official notification shall also be issued to the health worker or beneficiary with disapproved claims.

d.6 If the claim is disapproved, the health worker or beneficiary may submit to the DOH Central Office a Motion for Reconsideration addressed to the Secretary of Health.

d.7 The DOH concerned office shall issue a paycheck to the health worker or beneficiary.

VII. Responsibilities of Agencies

1. Department of Health shall:

1.1 Ensure that the appropriate compensation benefits be accorded to the surviving health worker or beneficiary; and

1.2 Act on all appeals of the claimant within thirty (30) days upon receipt.

2. Department of Budget and Management shall:

2.1 Upon request, prepare or issue corresponding fund release documents to DOH to implement the provision on sickness and death compensation to affected public and private health workers, pursuant to RA 11469, in accordance with the existing government budgeting, accounting and auditing rules and regulations.

3. Department of Labor and Employment shall:

3.1 Issue separate guidelines on the verification of the qualifications of private health workers and/or their beneficiaries;

3.2 Ensure the implementation of this JAO; and

3.3 Establish mechanisms to monitor the implementation of this JAO within the private sector.

VIII. Funding Source

Funds for the implementation of this JAO shall be sourced from identified savings and other appropriations pursuant to Section 4 (v), (w), (x) and (y) of RA No. 11469, subject to the availability of funds.

IX. Reporting

The DOH, DOLE, and DBM shall jointly submit periodic reports to the Office of the President on the implementation of this JAO, including, but not limited to, the number of health workers provided with compensation and amount utilized for this purpose.

X. Penal Provision

Any person found to have participated directly or indirectly in the commission of fraud, collusion, falsification, or misinterpretation in any transaction relative to this JAO, whether for him/her or for some other persons, shall suffer the penalties provided for in Section 6 of RA 11469 and Article 172 of the Revised Penal Code.

XI. Resolution Clause

Issues and concerns related to the implementation of this JAO shall be brought to the DOH, as the lead agency, in coordination with DOLE and DBM for discussion and resolution, and amend this JAO, as required and necessary, when the circumstances warrant.

XII. Separability Clause

If any clause, sentence or provision of this JAO shall be declared invalid or unconstitutional, the other provisions not affected thereby shall remain valid and effective.

XIII. Repealing Clause

All previous orders, issuances, rules and regulations inconsistent with or contrary to this JAO shall be repealed or amended accordingly.

XIV. Effectivity

This issuance shall take effect immediately and shall remain in effect until the state of public emergency is lifted.

HEREUNTO, signed and agreed upon by:

(SGD.) WENDEL E. AVISADOSecretary

(SGD.) SILVESTRE H. BELLO IIISecretary

(SGD.) FRANCISCO T. DUQUE IIISecretary