Implementing Rules and Regulations of Republic Act No. 11712 (Public Health Emergency Benefits and Allowances for Health Care Workers Act)

June 23, 2022

IMPLEMENTING RULES AND REGULATIONS OF THE REPUBLIC ACT NO. 11712 KNOWN AS THE PUBLIC HEALTH EMERGENCY BENEFITS AND ALLOWANCES FOR HEALTH CARE WORKERS ACT

RULE I

General Provisions

SECTION 1. Title. —

These rules and regulations shall be known as the Implementing Rules and Regulations (IRR) of the Republic Act No. 11712, otherwise known as the "Public Health Emergency Benefits and Allowances for Health Care Workers Act." Hereinafter, these rules and regulations shall be referred to as the Rules.

SECTION 2. Declaration of Policy. —

The State recognizes the critical role of health care workers in providing quality health care to and ensuring disease prevention in the general population, especially in times of national public health emergencies. To this end, the State shall reciprocate by promoting their welfare through the grant of mandatory benefits and allowances with utmost efficiency.

SECTION 3. Definition of Terms. —

Consistent with the Act, the following terms shall have the corresponding definitions:

3.1. Health facilities — shall refer to any public or private institution with health care as their core service, function or business. Health care pertains to the maintenance or improvement of the health of individuals or populations through the prevention, diagnosis, treatment, rehabilitation and chronic management of disease, illness, injury and other physical and mental ailments or impairments. For purposes of this Act, health facilities and other health-related establishments shall refer to those duly licensed or designated by the Department of Health (DOH), including the DOH-Central Office (CO), Centers for Health Development (CHD), Provincial/City/Municipal Health Offices, and Local Government Health Offices, for Corona Virus Disease 2019 (COVID-19) and future public health emergency response in accordance with the Department's national action plan and strategies.

3.2. Health care and non-health care workers — shall refer to all public and private medical, allied, medical, administrative, technical, support and other necessary personnel employed by, and assigned in hospitals, health facilities, laboratories, medical or temporary treatment and monitoring facilities, or vaccination sites. For COVID-19 pandemic, it also includes those who are involved in COVID-19 response to mitigate transmission and prevent further loss of lives in line with the National Action Plan Against COVID-19 strategy of prevention, detection, isolation, treatment, rehabilitation, and vaccination (PDITR+ Strategy).

3.2.1. Outsourced personnel hired under institutional or individual contract of service or job order basis who are similarly exposed to COVID-19, or other threats in times of public health emergencies, are included as non-health care workers under this Act.

3.2.2. Barangay Health Workers (BHWs) who are part of the DOH National BHW registry system assigned in health facilities including swabbing and vaccination sites and those administering medical assistance, as well as those assigned in barangay health emergency response teams (BHERTs) or their successor entities, are included as health care workers for purposes of this Act.

3.3. Public health emergency — shall refer to an occurrence or imminent threat of an illness or health condition of national scale, that:

3.3.1. Is caused by any of the following:

a. Bioterrorism;

b. Appearance of a novel or previously controlled or eradicated infectious agent or biological toxin;

c. A natural disaster;

d. A chemical attack or accidental release;

e. A nuclear attack or accident; or

f. An attack or accidental release of radioactive materials; and

3.3.2. Poses a high probability of any of the following:

a. A large number of deaths in the affected population;

b. A large number of serious injuries or long-term disabilities in the affected population;

c. Widespread exposure to an infectious or toxic agent that poses a significant risk of substantial harm to a large number of people in the affected population;

d. International exposure to an infectious or toxic agent that poses a significant risk to the health of citizens of other countries; or

e. Trade and travel restrictions.

3.4. Risk exposure categorization shall refer to the following levels of exposure:

3.4.1. Low risk exposure — health workers performing administrative duties in non-public areas of health facilities, away from other staff members or away from patients, otherwise known as "clean areas";

3.4.2. Medium risk exposure — health workers within the health facility that are providing direct physical care to the general public who are not known or suspected COVID-19 patients and working at busy staff work areas within a health facility; and

3.4.3. High risk exposure — health workers entering a COVID-19 patient's room to directly provide care for patients involving aerosol-generating procedures such as intubation, cough induction procedures, bronchoscopies, dental procedures and exams, or invasive specimen collection, as well as those collecting or handling specimens from known or suspected COVID-19 patients.

 Provided, That for purposes of future public health emergencies, the DOH may formulate a new risk exposure categorization.

RULE II

Coverage and Grant of Benefits

SECTION 4. Coverage. —

This Act shall apply to all health care and non-health care workers (HCWs), regardless of employment status, during the COVID-19 or other public health emergencies of national scale that may be declared in the future, from the time of the declaration of the public health emergency until lifted by the President.

SECTION 5. Grant of Health Emergency Allowance (HEA), Compensation Package and Other Benefits. —

The national government shall grant the following benefits to all HCWs and non-HCWs, regardless of employment status, during the COVID-19 pandemic or other public health emergencies of national scale that may be declared in the future, from the time of the declaration of the public health emergency until lifted by the President.

SECTION 6. Grant of HEA. —

6.1. All inclusion criteria provided herein shall be satisfied by the HCWs and non-HCWs to be eligible for the grant of HEA, which shall replace and not be on top of the One COVID-19 Allowance (OCA).

6.1.1. The HCWs and non-HCWs shall refer to:

a. Employees occupying regular (permanent or temporary), contractual, or casual positions, whether full-time or part-time;

b. Workers engaged through contract of service (COS), including but not limited to regular, active, visiting, affiliate, honorary, medical or one-peso consultants, and job order (JO), as certified by the head of the health facility;

c. Outsourced personnel hired under institutional or individual COS or JO basis assigned in licensed health facilities or health-related establishments;

d. Duly accredited and registered barangay health workers (BHWs) in the DOH National BHW Registry. Pending the registration and accreditation of BHWs not included in the DOH National BHW Registry, the local health board or the Municipal/City Registration and Accreditation Committee (M/CRAC) shall issue a resolution stating that these BHWs are assigned BHERTs or their successor entities.

6.1.2. The public or private HCWs and non-HCWs assigned in licensed health facilities or health-related establishments involved in COVID-19 response in line with the NAP Against COVID-19 PDITR+ strategy or other national public health emergency as declared by the President.

6.1.3. The public and private HCWs and non-HCWs who physically report for work at their assigned work stations in licensed health facilities and health-related establishments on the prescribed official working hours, as authorized by the head of agency/office.

6.2. The risk exposure classification for the grant of HEA for COVID-19 shall be based on risk classification to high, medium or low risks of eligible public and private HCWs and non-HCWs as defined under Section 3.4 of this IRR.

6.3. HEA for every month of service during the state of public health emergency based on the risk exposure categorization as defined in the Act, as follows:

a. Those deployed in "low risk areas" shall be given at least three thousand pesos (Php3,000.00);

b. Those deployed in "medium risk areas" shall be given at least six thousand pesos (Php6,000.00); and

c. Those deployed in "high risk areas" shall be given at least nine thousand pesos (Php9,000.00).

6.4. The grant of HEA shall be based on the number of hours that the public and private HCWs and non-HCWs physically report for work in a month, as certified by the head of the health facility, or his/her authorized representative.

6.5. Provided, That the HEA shall be released monthly in addition to the existing benefits that the HCW and non-HCWs receive: Provided, further, That the HEA shall be released in full if a HCW and non-HCW physically renders services for at least ninety-six (96) hours in a month; otherwise, the benefit shall be prorated. Further, the hours rendered during work-from-home arrangements shall not be included in the total number of hours rendered in the computations.

6.6. Subject to the approval of the President, and in consultation with the Department of Budget and Management (DBM), the DOH may increase the amounts of HEA, taking into consideration the cost of necessary expenses incurred by HCWs and non-HCWs in rendering services at the time of public health emergency.

6.7. For future national public health emergency declared by the President, the DOH may formulate a new set of risk exposure classification.

6.8. The following shall be excluded from the grant of HEA:

6.8.1. Consultants and experts engaged for a limited period to perform specific activities or services with expected outputs except medical consultants as mentioned in Section 6.1.1.b.;

6.8.2. Laborers engaged through job contracts (pakyaw) and those paid on piecework basis;

6.8.3. Volunteers, student interns and apprentices;

6.8.4. Individuals, and groups of individuals whose services are engaged through COS or JO, including BHWs, who are NOT assigned in health facilities involved in COVID-19 response or other national public health emergency as declared by the President;

6.8.5. HCWs and non-HCWs assigned in health-related establishments NOT duly licensed or designated by the DOH for COVID-19 or other national public health emergency as declared by the President;

6.8.6. Those personnel who are in work-from-home arrangements for the entire month; or

6.8.7. Those who are under quarantine and/or treatment due to COVID-19 and have not rendered actual physical services in health facilities for the entire month.

6.9. The allowance provided herein shall be subject to existing taxation laws.

SECTION 7. Grant of Compensation. —

7.1. The following compensations shall be provided to eligible HCWs and non-HCWs who have contracted COVID-19 infection in the line of duty upon submission of the complete and compliant documentary requirements to support the claims:

7.1.1. A compensation of one million pesos (Php1,000,000.00) shall be provided to the heirs of the HCWs and non-HCWs who have contracted COVID-19 infection in the line of duty and died due to COVID-19 as indicated in the death certificate, which may appear as immediate, antecedent, underlying cause of death or other significant conditions contributing to death.

7.1.2. A compensation of one hundred thousand pesos (Php100,000.00) shall be provided to the HCWs and non-HCWs who contracted severe or critical COVID-19 infection in the line of duty and who have recovered; and

7.1.3. A compensation of fifteen thousand pesos (Php15,000.00) shall be provided to the HCWs and non-HCWs who contracted mild or moderate COVID-19 infection in the line of duty and who have recovered.

7.2. Determination of the above shall be without prejudice to the professional/clinical judgment, using reasonable degree of professional/medical certainty, of the concerned DOH personnel authorized to evaluate or review based on available medical records.

7.3. The compensation provided herein shall be given to the beneficiaries not later than three (3) months after the date of diagnosis for outpatient cases or from the date of confinement or death and upon submission of complete and compliant documentary requirements without prejudice to other existing benefits provided under applicable government insurance systems and their governing laws, and subject to availability of funds.

7.4. The eligible HCWs and non-HCWs who have already received the above-mentioned compensation under the existing and applicable laws shall no longer receive the compensation under this IRR, except in cases of reinfection.

7.5. The sickness and death compensation may be received by covered HCWs and non-HCWs during the period of COVID-19 pandemic and in case of any future public health emergency of national scale, as may be declared by the President.

7.6. The compensation provided herein shall be subject to existing taxation laws.

7.7. The successive order of priority in the granting of death benefits to the legal heirs of the deceased HCWs and non-HCWs shall be in accordance with applicable rules of intestate succession under Republic Act No. 386 or the Civil Code of the Philippines. In the absence of the foregoing, the death benefits shall revert to the funds set aside for sickness and death compensation for HCWs and non-HCWs.

7.8. For purposes of future public health emergencies, the DOH and the DBM, subject to the approval of the President, may modify the case categorization and compensation.

SECTION 8. PhilHealth Coverage and Regular Testing. —

8.1. PhilHealth shall provide full coverage of hospitalization costs of HCWs and non-HCWs due to COVID-19, based on the DOH-approved issuances, subject to the following guidelines:

8.1.1. Only hospitalized confirmed COVID-19 cases shall be covered, as supported with test result performed in accordance with relevant DOH issuance on testing; and

8.1.2. PhilHealth shall cover direct health care costs based on the current standards for the clinical management of COVID-19.

8.2. For future national public health emergencies of national scale declared by the President, PhilHealth coverage for direct health care costs of hospitalized HCWs and non-HCWs shall be subject to fund availability, and the Health Technology Assessment Council (HTAC) assessment and recommendation.

8.2.1. Coverage of appropriate intervention for the condition/disease that caused the public health emergency will be based on DOH guidelines; and

8.2.2. PhilHealth shall secure recommendation from the HTAC for any new or innovative health technology that will be included in the benefit package.

8.3. Regular testing of HCWs and non-HCWs, as often as necessary, based on DOH guidelines, shall be fully covered by the PhilHealth, based on the following guidelines and conditions:

8.3.1. Regardless of vaccination status, the regular testing of HCWs and non-HCWs, involved in COVID-19 response shall be covered;

8.3.2. Entitlement of PhilHealth beneficiaries to the benefit package for SARS-CoV-2 testing shall be based on current/relevant DOH guidelines in consideration of the evolving clinical management for COVID-19;

8.3.3. For future public health emergencies, the regular diagnostic testing of HCWs and non-HCWs shall be covered, as often as necessary, and subject to the corresponding guidelines of DOH, HTAC, PhilHealth, and other relevant regulatory bodies.

RULE III

Application of Benefits

SECTION 9. Retroactivity. —

The benefits under this IRR shall have retroactive application from July 1, 2021 and shall remain in full force and effect during the state of national public health emergency as declared by the President.

SECTION 10. Non-Diminution of Benefits. —

Nothing in this Act shall be construed to reduce any existing allowance and benefit under Republic Act Nos. 7305 or the "Magna Carta of Public Health Workers," 7875 or the "National Health Insurance Act of 1995," 11223 or the Universal Health Care Act, pertinent PhilHealth Circulars, and other existing laws, decrees and issuances, executive orders, and contracts or agreements between health care and non-health care workers and employers.

RULE IV

Establishment of Grievance Mechanism

SECTION 11. Establishment of a Grievance Mechanism. —

11.1. Non-Adversarial Mediation as Primary Mode of Grievance Mechanism

For purposes of resolving the dispute arising from the failure to grant the benefits under RA No. 11712, a non-adversarial mediation shall be adopted to encourage the amicable settlement of disputes under this IRR.

11.2. Remedy in Case Mediation Fails Despite Efforts

A person whose claim under R.A. No. 11712 was denied by the designated processing units and/or has any other issues and concerns in relation to the payment of their claims and who failed to reach an amicable settlement with the designated processing units during mediation may avail of the grievance mechanism provided by Section 8 of RA No. 11712. For this purpose, the following Grievance Boards shall be constituted:

a. The Central Ad Hoc Grievance Board (CAGB); and

b. The Regional Ad Hoc Grievance Board (RAGB).

11.3. Composition of CAGB

11.3.1.  The DOH-CO Grievance Board, which shall be composed of the following members as provided by RA No. 11712:

a. One (1) grievance officer appointed by the DOH;

b. One (1) representative from the health professional organizations; and

c. One (1) Arbitration officer from the Department of Labor and Employment (DOLE) exercising jurisdiction where the hospital concerned is located.

11.4. Creation of RAGB

11.4.1.  Each CHD shall create in its respective regions, a Regional Ad Hoc Grievance Board, which shall be composed of the following members:

a. One (1) grievance officer appointed by the CHD;

b. One (1) representative from the health professional organizations or recognized employees' organizations; and

c. One (1) arbitration officer from the DOLE exercising jurisdiction where the health facility concerned is located.

11.5. Appointing Authority

Members of the CAGB shall be appointed by the Secretary of Health, or by any government official as may be delegated by the Secretary of Health. The Regional Director of the CHDs shall appoint the members of the RAGB in their respective areas.

11.6. Scope of the Grievance

11.6.1. The grievable issues covered by this IRR shall be solely limited to issues arising from the failure of granting the benefits and other issues related to the payment of benefits or allowance.

11.6.2. The following issues are excluded from this scope:

a. Delay in the payment and prioritization of claims due to incomplete and non-compliant submission of documentary requirements;

b. PhilHealth payments not related to the grant of benefit and compensation provided by RA No. 11712;

c. Claims for other benefits and compensation provided under other laws; and

d. Conflicting claims of the heirs of the beneficiaries.

11.7. Powers and Functions of the Grievance Boards

The CAGB and RAGB shall receive, investigate, adjudicate, and recommend actions to arrive at settlement of complaints related to the failure of granting the benefits.

11.8. Jurisdiction of the CAGB and RAGB

The Jurisdiction of CAGB and RAGB shall be based on the areas of the processing units where the claims are filed.

11.9. Who may File the Grievances to the Board

a. All HCWs and non-HCWs who filed their claims with the processing units were denied payment of the grant provided under R.A. No. 11712 may file grievance claims with the proper Grievances Board pursuant to the preceding section.

b. In cases of incapacity making it impossible for the claimant to personally file his claims, the claimant may authorize his next of kin or attorney in fact to file the claim before the proper Grievance Board, provided, that the authorized representative shall submit a Special Power of Attorney (SPA) and proof of incapacity, if available, shall be presented to the Grievance Board. Provided further, that proof capacity to execute an SPA shall be provided and in case the next of kin will show proof of relationship.

c. In case of death and for purposes of claiming the death compensation, the legal heirs may file the claim before the appropriate Grievance Board.

d. In case of conflicting claims among the legal heirs of the HCWs or non-HCWs, the latter shall settle their conflicting claims in accordance with the rules applicable to resolve their dispute.

RULE V

Final Provisions

SECTION 12. Appropriations. —

12.1. Pursuant to Section 9 of RA No. 11712, the amount necessary for the implementation of the said law shall be charged against the available appropriations of the DOH and any sources available as may be identified by the DBM. Thereafter, the amount necessary for its continuous implementation during the state of national public health emergency, including any deficiency in the funding of the COVID-19 benefits and allowances incurred during the period of July 1, 2021 until the period of state of national public health emergency is in effect, shall be included in the General Appropriations Act (GAA) subject to existing budgeting, accounting and auditing rules and regulations.

12.2. Further, as provided under the aforecited Section, notwithstanding the provisions under Section 69 of Republic Act No. 11518, or the Fiscal Year (FY) 2021 GAA, as amended by Republic Act No. 11640, and Section 75 of Republic Act No. 11639, or the FY 2022 GAA, the President is authorized to exercise powers that are necessary and proper to undertake and implement the grant of COVID-19 benefits and allowances under this IRR, and reprogram, reallocate, and realign unreleased appropriations and unobligated allotment under the executive department, including government-owned or -controlled corporations, in the FYs 2021 and 2022 GAAs as may be necessary to augment the available appropriations for the grant of COVID-19 benefits and allowances under this Act: Provided, That unreleased appropriations and unobligated allotments for infrastructure and social assistance projects shall not be discontinued, reprogrammed, reallocated, or realigned for the above purpose. Any programs, activities or projects (P/A/P) declared as savings for this purpose may be revived and proposed for funding in the subsequent GAAs, as necessary.

12.3. The DBM shall release the funds for the payment of the allowances and benefits consistent with this Act.

SECTION 13. Issuance of Supplemental Guidelines. —

The DOH and PhilHealth, DBM, and DOF shall issue supplemental guidelines to govern and facilitate the operational details of this IRR as deemed necessary.

SECTION 14. Separability Clause. —

If any part or parts of this IRR shall be declared unconstitutional or invalid, other sections or provisions hereof not affected thereby shall continue to be in full force and effect.

SECTION 15. Repealing Clause. —

All laws, decrees, executive orders, executive issuances or letters of instruction, rules and regulations or any part thereof inconsistent with or contrary to the provisions of this IRR are hereby deemed repealed, amended or modified accordingly.

SECTION 16. Effectivity. —

These Rules shall take effect immediately after its publication in the Official Gazette or in a newspaper of general circulation with three (3) certified copies to be filed with the Office of the National Administrative Register (ONAR) of the University of the Philippines Law Center.

(SGD.) FRANCISCO T. DUQUE IIISecretary

(SGD.) TINA ROSE MARIE L. CANDAOIC-Secretary

(SGD.) CARLOS G. DOMINGUEZ IIISecretary