Procedures on Handling Complaints in the Department of Health

October 30, 2009

DOH ADMINISTRATIVE ORDER NO. 2009-0019

 

I. Rationale

Guided by the principle that public office is a public trust and that all public officials and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty and efficiency as well as serve the Filipino constituents with sincerity and patriotism, lead a modest life and committed to uphold the rule of law and the highest standards of honesty, integrity and transparency in the performance of their official duties and responsibilities in the Department of Health.

It is on this premise that there is a need to establish a procedure of handling complaints in the Department of Health to cover rank and file employees to senior level positions of the organization.

II. Objective

This procedure aims to establish a uniform process of handling complaints filed against officials and employees of the Department of Health including where to file the same.

III. Scope

This shall be applicable to all complaints filed by any official or employee of the Department of Health which includes all government retained hospitals, Centers for Health Development, Bureaus, Sanitaria, Rehabilitation Centers and attached agencies, as well as complaints filed by any private individual or entity.

IV. Definition of Terms

1. Definition and Acronym as herein used as follows:

1.1. IDC — refers to the Integrity Development Committee of the Central Office or of the Center for Health Development. DTIaHE

1.2. DOH-CO — refers to the Department of Health Central Office.

1.3. IAB — refers to the Internal Affairs Board, a sub-committee of the Department of Health Integrity Development Committee of the Central Office.

1.4. Director — refers to the head of office of a Center for Health Development (CHD), retained or re-nationalized hospital, office bureau, rehabilitation center or head of office of a DOH attached agency.

1.5. Chief of Hospital/Medical Center Chief (COH/MCC) — refers to the Chief of a retained or re-nationalized Department of Health Hospital or Medical Center.

1.6. Chief of Medical Professional Staff/Chief of Clinics — refers to the senior head medical officer of the hospital.

1.7. AHFFC — refers to the Ad Hoc Fact Finding Committee created to conduct fact finding investigation created by the Head of Agency for complaints which are not under oath and with verifiable information.

1.8. Formal Charge (FC) — refers to the formal complaint leveled against a public official or employee after conducting the Preliminary Investigation.

1.9. Motion for Reconsideration (MR) — refers to a type of pleading submitted by a plaintiff or respondent adversely affected by an order, resolution or decision.

V. Process and Procedure

1. Process of handling complaints filed against those with positions lower than Chief of Medical Professional Staff/Chief of Clinics, Chief Administrative Officers, and Chief Nurse in all retained/re-nationalized hospitals/medical centers, sanitaria, and rehabilitation centers under supervision by a Center for Health Development concerned.

1.1 Complaint received (COH/MCC).

1.2 Initial evaluation of complaint (COH/MCC) — within 24 hours from receipt by the COH/MCC. ADaSEH

1.2.1 With no verifiable information — forward to IAB for reporting to IDC and filing.

1.2.2 With verifiable information but not under oath — create Fact Finding Committee (FFC) with one (1) hospital IDC member as member of the FFC. FFC should be composed of at least 3 members with one member serving as the Chair.

1.2.3 If complaint is under oath — proceed to preliminary investigation.

1.3 Preliminary Investigation (CHD Legal Officer).

1.3.1 If no prima facie case — recommend dismissal of complaint within 7 days from receipt by the Legal Officer.

1.3.2 With prima facie case — recommend filing of a formal charge within 30 days from receipt by the Legal Officer of the last responsive pleading.

1.4 Approval of Appropriate Action (COH/MCC) — within 7 days from receipt of the recommendation.

1.5 Hearing of the Case (CHD Hearing Committee).

1.6 Approval of the Decision (COH/MCC) — within 7 calendar days

from submission of recommendation by the Hearing Committee.

1.6.1 Motion for reconsideration may be filed within 15 days from receipt by the respondent of the decision.

1.7 Appeal (Secretary of Health).

1.7.1 Appeal may be filed within 15 days from receipt of the denial of the motion for reconsideration.

1.7.2 The penalty of dismissal from the service, shall only take effect upon approval of the decision by the Secretary of Health. TCacIE

2. Process of handling complaints filed against Chief of Medical Professional Staff/Chief of Clinics, Chief Administrative Officers, and Chief Nurse in all retained/re-nationalized hospitals/medical centers, sanitaria, and rehabilitation centers under supervision by a Center for Health Development concerned.

2.1 Complaint received (COH/MCC).

2.2 Initial evaluation of complaint (COH/MCC) — within 24 hours from receipt by the COH/MCC.

2.2.1 With no verifiable information — forward to IAB for reporting to IDC and filing.

2.2.2 With verifiable information but not under oath — refer to the CHD Fact Finding Committee (FFC) with one (1) CHD IDC member as member of the FFC. FFC should be composed of at least 3 members with one member serving as the Chair.

2.2.3 If complaint is under oath — proceed to preliminary investigation.

2.3 Preliminary Investigation (CHD Legal Officer)

2.3.1 If no prima facie case — recommend dismissal of complaint within 7 days from receipt by the Legal Officer.

2.3.2 With prima facie case — recommend filing of a formal charge within 30 days from receipt by the Legal Officer of the last responsive pleading.

2.4 Approval of Appropriate Action (COH/MCC) — within 7 days from receipt of the recommendation.

2.5 Hearing of the Case (CHD Hearing Committee).

2.6 Approval of the Decision (COH/MCC) — within 7 days from receipt of recommendation. IEaCDH

2.6.1 Motion for reconsideration may be filed with the COH/MCC within 15 days from receipt by the respondent of the decision.

2.7 Appeal (Secretary of Health).

2.7.1 Appeal may be filed within 15 days from receipt of the denial of the motion for reconsideration.

2.7.2 The penalty of dismissal from the service, shall only take effect upon approval of the decision by the Secretary of Health.

3. Process of handling complaints filed against Chief of Medical Centers/Hospitals/Sanitaria/Rehab Centers under supervision by a Center for Health Development concerned.

3.1 Complaint received (CHD Director).

3.2 Initial evaluation of complaint (CHD Director) — within 24 hours from receipt by the CHD Director.

3.2.1 With no verifiable information — Forward to IAB for reporting to IDC and filing.

3.2.2 With verifiable information but not under oath — Refer to the CHD Fact Finding Committee (FFC) with one (1) CHD IDC member as member of the FFC. FFC should be composed of at least 3 members with one member serving as the Chair.

3.2.3 If complaint is under oath — proceed to preliminary investigation.

3.3 Preliminary Investigation (CHD Legal Officer).

3.3.1 If no prima facie case — recommend dismissal of complaint within 7 days from receipt by the Legal Officer.

3.3.2 With prima facie case — recommend filing of a formal charge within 30 days from receipt by the Legal Officer of the last responsive pleading. TCDHIc

3.4 Approval of Appropriate Action (CHD Director) — within 7 days from receipt of the recommendation.

3.5 Hearing of the Case (CHD Hearing Committee).

3.6 Approval of the Decision (Secretary of Health) — within 7 calendar days from submission of recommendation by the Hearing Committee.

3.6.1 Motion for reconsideration may be filed with the Office of the Secretary of Health within 15 days from receipt by the respondent of the decision.

3.7 Appeal (CSC)

3.7.1 Appeal may be filed within 15 days from receipt of the denial of the motion for reconsideration.

4. Process of handling complaints filed against officers and employees of Centers for Health Development lower than CHD Assistant Director.

4.1 Complaint received (CHD Director).

4.2 Initial evaluation of complaint (CHD Director) — within 24 hours from receipt by the CHD Director.

4.2.1 With no verifiable information — forward to IAB for reporting to IDC and filing.

4.2.2 With verifiable information but not under oath — refer to the CHD Fact Finding Committee (FFC) with one (1) CHD IDC member as member of the FFC. FFC should be composed of at least 3 members with one member serving as the Chair.

4.2.3 If complaint is under oath — proceed to preliminary investigation.

4.3 Preliminary Investigation (CHD Legal Officer).

4.3.1 If no prima facie case — recommend dismissal of complaint within 7 days from receipt by the Legal Officer. HAcaCS

4.3.2 With prima facie case — recommend filing of a formal charge within 30 days from receipt by the Legal Officer of the last responsive pleading.

4.4 Approval of Appropriate Action (CHD Director) — within 7 days from receipt of the recommendation.

4.5 Hearing of the Case (CHD Hearing Committee).

4.6 Approval of the Decision (CHD Director) — within 7 calendar days from submission of recommendation by the Hearing Committee.

4.6.1 Motion for reconsideration may be filed with the Office of the CHD Director within 15 days from receipt by the respondent of the decision.

4.7 Appeal (Secretary of Health).

4.7.1 Appeal may be filed within 15 days from receipt of the denial of the motion for reconsideration.

4.7.2 The penalty of dismissal from the service, shall only take effect upon approval of the decision by the Secretary of Health.

5. Process of handling complaints filed against positions lower than Chief of Medical Professional Staff/Chief of Clinics, Chief Administrative Officers, and Chief Nurse in all retained/re-nationalized hospitals/medical centers, sanitaria, rehabilitation centers, and Special Hospitals under supervision by the DOH-CO. 

5.1. Complaint received (COH/MCC).

5.2 Initial evaluation of complaint (COH/MCC) — within 24 hours from receipt by the COH/MCC.

5.2.1 With no verifiable information — forward to IAB for reporting to IDC and filing.

5.2.2 With verifiable information but not under oath — create Fact Finding Committee (FFC) with one (1) hospital IDC member as member of the FFC. FFC should be composed of at least 3 members with one member serving as the Chair. IHDCcT

5.2.3 If complaint is under oath — proceed to preliminary investigation.

5.3 Preliminary Investigation (Legal Officer).

5.3.1 If no prima facie case — recommend dismissal of complaint within 7 days from receipt by the legal officer.

5.3.2 With prima facie case — recommend filing of a formal charge within 30 days from receipt by the Legal Officer of the last responsive pleading.

5.4 Approval of Appropriate Action (COH/MCC) — within 7 days from receipt of the recommendation.

5.5 Hearing of the Case (Hospital Hearing Committee).

5.6 Approval of the Decision (COH/MCC) — within 7 calendar days from submission of recommendation by the Hearing Committee.

5.6.1 Motion for reconsideration may be filed with the COH/MCC within 15 days from receipt by the respondent of the decision.

5.7 Appeal (Secretary of Health)

5.7.1 Appeal may be filed within 15 days from receipt of the denial of the motion for reconsideration.

5.7.2 The penalty of dismissal from the service, shall only take effect upon approval of the decision by the Secretary of Health.

6. Process of handling complaints filed against Chief of Medical Professional Staff/Chief of Clinics, Chief Administrative Officers, and Chief Nurse in all retained/re-nationalized hospitals/medical centers, sanitaria, rehabilitation centers, and Special Hospitals under supervision by the DOH-CO.

6.1 Complaint received (IAB). aTHCSE

6.2 Initial evaluation of complaint (IAB) — within 24 hours from receipt by the IAB.

6.2.1 With no verifiable information — forward to IAB for reporting to IDC and filing.

6.2.2 With verifiable information but not under oath — refer to IAS for fact finding investigation.

6.2.3 If complaint is under oath — proceed to preliminary investigation.

6.3 Preliminary Investigation (Legal Service).

6.3.1 If no prima facie case — recommend dismissal of complaint within 7 days from receipt by the Legal Officer.

6.3.2 With prima facie case — recommend filing of a formal charge within 30 days from receipt by the Legal Officer of the last responsive pleading.

6.4 Approval of Appropriate Action (COH/MCC) — within 7 days from receipt of the recommendation.

6.5 Hearing of the Case by the DOH Hearing Committee to be created by the IAB Chairperson Chaired by a lawyer from the Legal Service with two (2) members selected by the OSC, USEC/ASEC.

6.6 Approval of the Decision (COH/MCC) — within 7 days from receipt of recommendation.

6.6.1 Motion for reconsideration may be filed with the COH/MCC within 15 days from receipt by the respondent of the decision.

6.7 Appeal (Secretary of Health).

6.7.1 Appeal may be filed within 15 days from receipt of the denial of the motion for reconsideration.

6.7.2 The penalty of dismissal from the service, shall only take effect upon approval of the decision by the Secretary of Health.

7. Process of handling complaints filed against Chief of Medical Centers/Hospitals/Sanitaria/Rehab Centers and Special Hospitals under supervision by the DOH-CO.

7.1 Complaint received (IAB).

7.2 Initial evaluation of complaint (IAB) — within 24 hours from receipt by the IAB.

7.2.1 With no verifiable information — forward to IAB for reporting to IDC and filing.

7.2.2 With verifiable information but not under oath — refer to IAS for fact finding investigation.

7.2.3 If complaint is under oath — proceed to preliminary investigation.

7.3 Preliminary Investigation (Legal Service).

7.3.1 If no prima facie case — recommend dismissal of complaint within 7 days from receipt by the Legal Officer.

7.3.2 With prima facie case — recommend filing of a formal charge within 30 days from receipt by the Legal Officer of the last responsive pleading.

7.4 Approval of Appropriate Action (USEC/ASEC, Office of Special Concern (OSC)) — within 7 days from receipt of the recommendation.

7.5 Hearing of the case by the DOH Hearing Committee to be created by the IAB Chairperson Chaired by a lawyer from the Legal Service with two (2) members selected by the USEC/ASEC of OSC.

7.6 Approval of the Decision (Secretary of Health) — within 7 days from receipt of recommendation. AcSCaI

7.6.1 Motion for reconsideration may be filed with the Office of the Secretary within 15 days from receipt by the respondent of the decision.

7.7 Appeal (CSC).

7.7.1 Appeal may be filed within 15 days from receipt of the denial of the motion for reconsideration.

8. Process of handling complaints for DOH Central Office Units including BOQ & BFAD Division Chiefs and below.

8.1 Complaint received (IDC).

8.2 Initial evaluation of complaint (IAB of the IDC).

8.2.1 With no verifiable information — archive with IAB Records for reporting to IDC.

8.2.2 With verifiable information but not under oath — Internal Audit Service (IAS) to conduct Fact Finding or Secretary of Health (SOH) may create AHFFC w/ IAS as member.

8.2.3 If complaint is under oath — proceed to preliminary investigation.

8.3 Preliminary Investigation (Legal Service).

8.3.1 If no prima facie case — recommend dismissal of complaint within 7 days from receipt by the Legal Officer.

8.3.2 With prima facie case — recommend filing of a formal charge within 30 days from receipt by the legal office of the last responsive pleading.

8.4 Approval of Appropriate Action (Bureau/Service/Office Director concerned) — within 7 days from receipt of the recommendation.

8.5 Hearing of the case (Hearing Committee, to be created by the Internal Affairs Board (IAB) Chairperson, to be chaired by a lawyer from Legal Service with two members to be selected by the Cluster Head of the respondent.) cHaDIA

8.6 Approval of the Decision (Appointing Authority) — within 7 days from receipt of recommendation.

8.6.1 Motion for Reconsideration may be filed within 15 days from receipt by the respondent of the decision.

8.7 Appeal (Secretary of Health).

8.7.1 Appeal may be filed within 15 days from the receipt of the denial of the Motion for Reconsideration.

9. Process of handling complaints for all Presidential Appointees in the DOH Central Office/CHDs, except Undersecretary (USEC) and Assistant Secretary (ASEC).

9.1 Complaint received (IDC).

9.2 Initial evaluation of complaint (IAB of the IDC).

9.2.1 With no verifiable information — archive with IAB Records for reporting to IDC.

9.2.2 With verifiable information but not under oath — IAS to conduct Fact Finding or Secretary of Health may create an AHFFC with IAS as member.

9.2.3 If complaint is under oath — proceed to preliminary investigation.

9.3 Preliminary Investigation (Legal Service).

9.3.1 If no prima facie case — recommend dismissal of complaint within 7 days from receipt by the Legal Officer.

9.3.2 With prima facie case — recommend endorsement to PAGC/OMB for the filing of formal charge within 30 days from receipt by the Legal Officer of the last responsive pleading. TAEcCS

9.4 Approval of Appropriate Action (Secretary of Health) — within 7 days from receipt of the recommendation.

10. Process of handling complaints for Assistant Secretary (ASEC) and Undersecretary of Health (USEC).

10.1 Complaint received (SOH).

10.2 Initial evaluation (SOH/IDC).

10.2.1 With no verifiable information — forward to IAB for filing.

10.2.2 With verifiable information but not under oath — Secretary of Health to create AHFFC with IAS member.

10.2.3 If complaint is under oath — proceed to Preliminary Investigation by Legal Service.

10.3 Preliminary Investigation by the Legal Service.

10.3.1 If no prima facie case — recommend dismissal of complaint within 7 days from receipt by the Legal Officer.

10.3.2 With prima facie case — recommend endorsement to PAGC/OMB for the filing of formal charge within 30 days from receipt by the Legal Officer of the last responsive pleading.

10.4 Approval of the Preliminary Investigation report by Secretary of Health.

VI. Separability and Repealing Clause

All other issuances of this Department not in conformity with this Administrative Order and the Uniform Rules on Administrative Cases in the Civil Service (URACCS) as per Omnibus Rules Implementing Book V of Executive Order No. 292 are hereby repealed.

VII. Effectivity

This Administrative Order shall take effect after fifteen (15) days following the completion of its publication in the Official Gazette or in two (2) newspapers of general circulation. CacEIS

(SGD.) FRANCISCO T. DUQUE, III, MD, MSc.Secretary of Health