RA 7875 - As - Amended PDF
RA 7875 - As - Amended PDF
RA 7875 - As - Amended PDF
THE
REVISED
IMPLEMENTING
RULES AND REGULATIONS (IRR)
of
Rule I Coverage 6
Section 4 Objective 6
Section 6 Functions 8
Section 12 Effectivity 9
Section 21 Premium Payment of the Government and Private Sectors with Multiple 11
Employment
ii
Section 22 Obligations of the Employer of Household Help or Kasambahays 11
Rule 1 Benefits 13
Section 37 Objective 13
Section 38 Functions 13
iii
Section 44 Provider Payment Mechanisms 15
Section 45 No Balance Billing for Indigents and Sponsored Members in Government Health 15
Care Institutions
Section 52 Objective 17
Section 53 Functions 17
Rule II Accreditation 18
Section 60 Accreditation Requirements for Group Health Care Institutions, Health System 20
Providers, Pharmacies and Retail Drug Outlets, Health Maintenance
Organizations, and Community-Based Health Care Organizations
iv
Rule V Mechanism for Feedback 23
Rule III The Prosecutors, Arbiters and Investigating Officers of the Corporation 27
Section 82 Jurisdiction and Qualifications of the Prosecutors and Arbiters of the Corporation 27
v
Section 87 Where To File 28
Section 93 Period for Approval of the Senior Vice President for Legal Sector 29
vi
Section 113 Grounds 32
vii
Section 139 Execution of a Decision 36
viii
Section 164 Breach of the Warranties of Accreditation / Performance Commitment 41
ix
Section 188 Preparation and Filing of Affidavit-Complaint 46
x
Section 213 Who May File Petition for Review 49
Section 220 Appeal Before the Protests and Appeals Review Department (PARD) 50
Section 227 Nine (9) Months Contribution Within Twelve (12) Months 51
xi
IMPLEMENTING RULES AND REGULATIONS
of Republic Act 7875 As Amended
Otherwise Known As
the National Health Insurance Act of 2013
Title I
GUIDING PRINCIPLES AND OBJECTIVES
In pursuit of this principle, the Implementing Rules and Regulations (IRR) of the National Health Insurance
Program (NHIP) herein referred to as the Program, shall adopt the following guiding principles:
a. Allocation of National Resources for Health The Program shall underscore the importance for
government to give priority to health as a strategy for bringing about faster economic development and
improving quality of life;
b. Universality The Program shall provide all citizens with the mechanism to gain financial access to
health services, in combination with other government health programs. The Program shall give the
highest priority to achieving coverage of the entire population with at least a basic minimum package of
health insurance benefits;
c. Equity The Program shall provide for uniform basic benefits. Access to care must be a function of a
persons health needs rather than ability to pay;
d. Responsiveness The Program shall adequately meet the needs for personal health services at various
stages of a members life;
e. Social Solidarity The Program shall be guided by community spirit. It must enhance risk sharing
among income groups, age groups, and persons of differing health status, and residing in different
geographic areas;
f. Effectiveness The Program shall balance economical use of resources with quality of care;
g. Innovation The Program shall adapt to changes in medical technology, health service organizations,
health care provider payment systems, scopes of professional practice, and other trends in the health
sector. It must be cognizant of the appropriate roles and respective strengths of the public and private
sectors in health care, including peoples organizations and community-based health care organizations;
h. Devolution The Program shall be implemented in consultation with local government units, subject to
the overall policy directions set by the National Government;
i. Fiduciary Responsibility The Program shall provide effective stewardship, funds management, and
maintenance of reserves;
j. Informed Choice The Program shall encourage members to choose from among accredited health
care providers. The Corporations local offices shall objectively apprise its members of the full range of
providers involved in the Program and of the services and privileges to which they are entitled as
members. This explanation, which the members may use as a guide in selecting the appropriate and most
suitable provider, shall be given in clear and simple Filipino and in the local languages that are
comprehensible to the member;
k. Maximum Community Participation The Program shall build on existing community initiatives for
its organization and human resource requirements;
l. Compulsory Coverage The Program shall enroll all citizens of the Philippines in order to avoid
adverse selection and social inequity;
m. Cost-Sharing The Program shall continuously evaluate its cost-sharing schedule to ensure that costs
borne by the members are fair and equitable and that the charges by health care providers are reasonable;
1
n. Professional Responsibility of Health Care Providers The Program shall assure that all
participating health care providers are responsible and accountable in all their dealings with the
Corporation and its members;
o. Public Health Services The Program shall focus on the provision of benefit packages for personal
health services while the Government shall provide public health services for all groups such as women,
children, indigenous people, displaced communities and communities in environmentally endangered
areas, while the Program shall focus on the provision of personal health services. Preventive and
promotive health services are essential for reducing the need and spending for personal health services;
p. Quality of Services The Program shall promote the improvement in the quality of health services
provided through the institutionalization of programs of quality assurance at all levels of the health
service delivery system. The satisfaction of the community, as well as individual beneficiaries, shall be a
determinant of the quality of service delivery;
q. Cost Containment The Program shall incorporate features of cost containment in its design and
operations and provide viable means of helping the people pay for health care services; and,
r. Care for the Indigent The Program shall provide a basic package of needed personal health services
to indigents through premium subsidy or through direct supervision from the Government.
Title II
DEFINITION OF TERMS
2
i. Case Rate Payment a payment method, also known as Case-Based Payment, that reimburses health
care institutions a predetermined fixed rate for each treated case or disease.
j. Contribution the amount paid by or in behalf of a member to the Program for coverage, based on
salaries or wages in the case of members in the formal sector and on household earnings and assets, in
the case of the informal sector, or on other criteria as may be defined by the Corporation in accordance
with the guiding principles set forth in Article I of the Act.
k. Clinical Practice Guidelines (CPG) systematically developed statements based on best evidence,
intended to assist practitioners in making decisions about appropriate management of specific clinical
conditions or diseases.
l. Corporation refers to the Philippine Health Insurance Corporation (PHIC or PhilHealth), which is
mandated by law to administer the Program.
m. Coverage the entitlement of an individual, as a member or as dependent, to the benefits of the
Program.
n. Dependent the legal dependents of a member who are the:
1. Legitimate spouse who is not a member;
2. Unmarried and unemployed legitimate, legitimated, acknowledged, illegitimate children and
legally adopted or stepchildren below twenty-one (21) years of age;
3. Children who are twenty-one (21) years old or above but suffering from congenital disability,
either physical or mental, or any disability acquired that renders them totally dependent on the
member for support, as determined by the Corporation;
4. Foster child as defined in Republic Act 10165 otherwise known as the Foster Act of 2012 ;
5. Parents who are sixty (60) years old or above, not otherwise an enrolled member, whose monthly
income is below an amount to be determined by the Corporation in accordance with the guiding
principles set forth in the Act; and,
6. Parents with permanent disability regardless of age as determined by the Corporation, that
renders them totally dependent on the member for subsistence.
g. Employee any person who performs services for an employer in which either or both mental and
physical efforts are used and who receives compensation for such services, the performance of which is
under an employer-employee relationship.
h. Employer a natural or juridical person who pays or compensates for services rendered by one or more
individuals.
i. Enrollment the process determined by the Corporation to enlist individuals as members or dependents
covered by the Program.
j. Fee-for-Service a fee pre-determined by the Corporation for each service delivered by a health care
provider based on the bill. The payment system shall be based on a pre-negotiated schedule promulgated
by the Corporation.
k. Global Budget an approach in the purchase of medical services by which health care providers
negotiate the cost of providing a specific package of medical benefits based solely on a pre-determined
and fixed budget as determined by the Corporation.
l. Grievance is a remedy as provided for in this Rules where anyone aggrieved by any decision of the
implementors of the Program can avail of redress.
m. Gross Negligence the utter lack of care and diligence expected of a reasonable person as evidenced
by the respondents indifference or being oblivious to the danger of the injury to the person or property
of others.
n. Group Health Care Institutions - refer to institutions that have been accredited by PhilHealth as a
group/corporation under one management (e.g. hospitals or other health care institutions with branches,
extensions).
o. Health Care Institution - refers to health facilities that are accredited with PhilHealth which includes,
among others, hospitals, ambulatory surgical clinics, TB-DOTS, freestanding dialysis clinics, primary care
benefits facilities, and maternity care package providers.
p. Health Care Institution Extension or Branches a licensed facility of any category situated in
another location that is owned and operated by a health care institution that has been accredited for at
least two (2) years.
q. Health Care Provider refers to any of the following:
1. A health care institution, which is duly licensed and/or accredited, devoted primarily to the
maintenance and operation of facilities for health promotion, prevention, diagnosis, treatment
and care of individuals suffering from illness, disease, injury, disability or deformity, drug
addiction or in need of obstetrical or other medical and nursing care.
3
It shall also be construed as any institution, building or place where there are installed beds, cribs
or bassinets for twenty-four (24) hour use or longer by patients in the treatment of disease,
injuries, deformities or abnormal physical and mental states, maternity cases or sanitarial care; or
infirmaries, nurseries, dispensaries, rehabilitation centers and such other similar names by which
they may be designated; or,
2. A health care professional, who is any doctor of medicine, nurse, midwife, dentist, pharmacist or
other health care professional or practitioner duly licensed to practice in the Philippines and
accredited by the Corporation; or,
3. A health maintenance organization (HMO), which is an entity that provides, offers or arranges
for coverage of designated health services needed by plan members for a fixed pre-paid
premium; or,
4. A community-based health care organization (CBHCO), which is an association of members of
the community organized for the purpose of improving the health status of that community
through preventive, promotive and curative health services.
r. Health Education Package a set of informational services such as training and instruction on disease
prevention, health promotion, rehabilitation and other health education packages that may be determined
by the Corporation. These shall be made available by health care providers to provide members and their
family with knowledge about an illness and its treatment, the means available to prevent the recurrence or
aggravation of such illness and to promote health in general.
s. Health System Providers (HSP) the organization of people, institutions, and resources that deliver
health care services to meet the health needs of target populations that may be accredited subject to the
guidelines set by the Corporation. These include, among others, Inter-local Health Zones (ILHZ), health
care facility network owned and managed by provincial, city and/or municipal governments.
t. Health Technology Assessment a field of science that investigates the value of a health technology
such as procedure, process, products, or devices, specifically on their quality, relative cost-effectiveness
and safety. It is usually related to the science of epidemiology and economics and has implications on
policy, decision to adopt and invest in these technologies, or in health benefit coverage.
u. Home Care and Medical Rehabilitation Services skilled nursing care, which members get in their
homes/clinics for the treatment of an illness or injury that severely affects their activities or daily living.
Home care and rehabilitation services include hospice or palliative care for people who are terminally ill
but does not include custodial and non-skilled personal care.
v. Indigent a person who has no visible means of income, or whose income is insufficient for family
subsistence, as identified by the DSWD based on specific criteria set for this purpose in accordance with
the guiding principles set forth in Article I of the Act.
w. Informal Sector units engaged in the production of goods and services with the primary objective of
generating employment and income for the persons concerned. It consists of households,
unincorporated enterprises that are market and non-market producers of goods, as well as market
producers of services. These enterprises are operated by own-account workers, which may employ unpaid
family workers as well as occasional, seasonally hired workers. To this sector belong, among others, street
hawkers, market vendors, pedicab and tricycle drivers, small construction workers and home-based
industries and services.
x. Late Remittance PhilHealth premium contribution remitted after the prescribed period as determined
by the Corporation.
y. Local Government Units (LGUs) provinces, cities, municipalities, and barangays where an enrolled
member resides.
z. Mechanism for Feedback the process devised to inform both the Corporation and health care
providers of the data and results of the performance monitoring and outcomes assessment processes.
aa. Member any person whose premium contributions have been regularly paid to the Program who may
be a paying member, an indigent member, a sponsored member or a lifetime member or otherwise known
as covered member.
bb. National Health Insurance Program (NHIP) the compulsory health insurance program of the
government as established in the Act, which shall provide universal health insurance coverage and ensure
affordable, acceptable, available and accessible health care services for all citizens of the Philippines.
cc. Outcomes Assessment the process of monitoring and review of outcomes resulting from the health
care services rendered by accredited providers. Information that can result from an outcome assessment
includes knowledge and attitude changes, short-term or intermediate behavior shifts, reduction of
morbidity and mortality, satisfaction of patients with care and cost, among others.
dd. Out-Patient Clinic an institution or facility with a basic team providing health services such as
diagnostic consultation, examination, treatment, surgery and rehabilitation on an out-patient basis.
4
ee. Out-patient Services Health services such as diagnostic, consultation, examination, treatment, surgery
and rehabilitation on an out-patient basis.
ff. Participation to the Program a process whereby a health care provider commits to provide quality
health care services to Program members and dependents as stipulated in a performance commitment.
All services provided shall receive reimbursement from PhilHealth.
gg. Peer Review a process by which the quality of health care provided to Program members or the
performance of a health care professional is reviewed by professional colleagues of comparable training
and experience either within the professional organization or hospital or within the Corporation itself
when commissioned by the Corporation to undertake the same. The results of the said review can be
utilized as basis for quality interventions and/or payment or non-payment of claims.
hh. Performance Commitment a document signed by health care institutions who intend to participate in
the Program, which stipulate their undertakings to provide complete and quality health services to
PhilHealth members and their dependents, and their willingness to comply with PhilHealth policies on
benefits payment, information technology, data management and reporting and referral, among others.
ii. Performance Monitoring an ongoing measurement of a variety of indicators of health care quality in
the health field to identify opportunities for improvement in health care delivery.
jj. PhilHealth Employer Number (PEN) the permanent and unique number issued by the Corporation
to registered employers, who may either be juridical or natural persons.
kk. PhilHealth Identification Number (PIN) - the permanent and unique number issued by the
Corporation to individual members and to each and every dependent.
ll. PhilHealth Identification Card is the health insurance identification card issued by the Corporation
to members and their dependents.
mm. PhilHealth Office the head office and other offices established by the Corporation in every province
and chartered city, or wherever it is deemed practicable.
nn. Philippine National Formulary (PNF) the essential drugs list of the Philippines which is prepared
by the Department of Health (DOH) in consultation with experts and specialists from organized
professional medical societies, the academe and the pharmaceutical industry and which is updated
regularly.
oo. Policy Review and Formulation the process of continuous research, development and evaluation of
program policies that address health needs and ensure delivery of quality and cost-effective health
services.
pp. Portability the enablement of a member and their dependents to avail of program benefits in an area
outside the jurisdiction of the members PhilHealth office.
qq. Pre-Accreditation Survey (PAS) - is a process of assessing health care institutions that are not
automatically accredited as defined by the Corporation as well as those applying for advanced
participation. This includes among others, on-site observation, evaluation of pertinent documents and
interview of personnel and patients.
rr. Preferred Health Care Institution - is a recognition conferred to a health facility that has been granted
advanced participation for beyond compliance with PhilHealth policies, demonstrated higher financial
risk protection, excellent quality of care and better service satisfaction to its clients/patients.
ss. Prescription Drug a drug which has been approved by the Food and Drug Administration (FDA) and
which can only be dispensed pursuant to a prescription order from a provider who is duly licensed to do
so.
tt. Professional Practitioners include doctors, lawyers, certified public accountants, and other
practitioners required to pass government licensure examinations in order to practice their professions.
uu. Program Implementor any official and/or employee of the Corporation who, in the general conduct
of the operations and management functions of the Corporation, is charged with the implementation of
the Program and the enforcement of the provisions of the NHI Act of 1995 as amended, this Rules, and
other administrative issuances related thereto, including officials and employees of other institutions who
are duly authorized by virtue of a Memorandum of Agreement (MOA) to exercise any of the powers
vested in the Corporation to implement the Program.
vv. Quality Assurance a formal set of activities to review and ensure the quality of services provided. It
includes quality assessment and corrective actions to remedy any deficiency identified in the quality of
patient care, administrative and support services.
ww. Residence the place where a member actually resides.
xx. Retiree refers to a member of the Program who has reached the age of retirement as provided by law
or who was retired on account of permanent disability as certified by the employer and the Corporation.
yy. Salary the basic monthly compensation paid regularly for services rendered.
5
zz. Self-Employed a person who works for himself/herself and is therefore both employee and employer
at the same time which includes but not limited to those belonging to the informal sector and self-earning
individuals.
aaa. Sufficient Regularity of Premium Contribution is a pattern characterized by consistent remittance
of premium contributions.
bbb. Traditional and Alternative Health Care the application of traditional knowledge, skills and practice
of alternative health care or healing methods which include reflexology, acupuncture, massage,
acupressure, chiropractics, nutritional therapy and other similar methods in accordance with the
accreditation guidelines set forth by the Corporation and the Food and Drug Administration (FDA).
ccc. Third Party Accreditation is the accreditation of health care institutions by a third party duly
recognized and authorized by PhilHealth exclusive of the decision-making function to grant or deny
accreditation to Program.
ddd. Treatment Procedure any method used to remove or alleviate the signs and symptoms and/or causes
of a disease.
eee. Utilization Review - a formal review of health resource utilization or of the appropriateness of health
care services on a prospective, concurrent, or retrospective basis.
Title III
MEMBERSHIP AND CONTRIBUTIONS
Rule I
COVERAGE
SECTION 4. Objective
All Filipinos shall be mandatorily covered under the Program. In accordance with the principles of universality
and compulsory coverage enunciated in Section 2(b) and 2(l) of the Act, implementation of the Program shall
ensure sustainability of coverage and continuous enhancement of the quality of service. The Program shall be
compulsory in all provinces, cities and municipalities nationwide, notwithstanding the existence of LGU-based
health insurance programs. The Corporation, DOH, LGUs, and other agencies including nongovernmental
organizations (NGOs) and other national government agencies (NGAs) shall ensure that members in such
localities shall have access to quality and cost-effective health care services.
6
3. Household Help as defined in the Republic Act 10631 or Kasambahay Law
4. Family Drivers
b. Members in the Informal Sector those who are not covered by formal contracts or agreements and
whose premium contributions are self-paid or subsidized by another person through a defined criteria set
by the Corporation.
1. Individuals in the informal sector not identified as indigents by the DSWD;
i. Own account workers, unpaid family workers;
ii. Occasional and seasonal workers;
iii. Micro-Entrepreneurs such as street hawkers and market vendors;
iv. Daily wage earners such as pedicab and tricycle drivers, and small construction workers; and,
v. Micro home-based industries and services.
2. Migrant Workers documented or undocumented Filipinos who are engaged in a remunerated
activity in another country of which they are not citizens.
3. Self-Earning Individuals individuals who render services or sell goods as a means of
livelihood outside of an employer-employee relationship, or as a career, but do not belong to the
informal sector. These include professional practitioners including but not limited to doctors,
lawyers, engineers, artists, architects and the like,businessmen, entrepreneurs, actors, actresses and
other performers, news correspondents, professional athletes, coaches, trainers, and such other
individuals.
4. Filipinos With Dual Citizenship Filipinos who are also citizens of other countries.
5. Naturalized Filipino Citizens those who have become Filipino citizens through
naturalization as governed by Commonwealth Act No. 473 or the Revised Naturalization Law.
6. Citizens of other countries working and/or residing in the Philippines foreign citizens
with valid working permits and/or Aliens Certificate of Registrations (ACRs) working and or
residing in the Philippines.
c. Indigent a person who has no visible means of income, or whose income is insufficient for family
subsistence, as identified by the DSWD based on specific criteria set for this purpose in accordance with
the guiding principles set forth in Article I of the Act.
d. Sponsored Member a member whose contribution is being paid by another individual, government
agency, or private entity according to the rules as may be prescribed by the Corporation.
e. Lifetime Members a member who has reached the age of retirement under the law and has paid at
least one hundred twenty (120) monthly premium contributions. Lifetime members shall include but not
limited to the following:
1. Retirees/ Pensioners from the Government Sector
i. Old-age retirees and pensioners of the GSIS, including non-uniformed personnel of the
AFP, PNP, BJMP and BFP who have reached the compulsory age of retirement before
June 24, 1997, and retirees under Presidential Decree 408.
ii. GSIS Disability Pensioners prior to March 4, 1995.
iii. GSIS Retirees who have reached the age of retirement on or after March 4, 1995 and
have at least 120 months PhilHealth premium contributions.
iv. Retirees and Pensioners who are members of the Judiciary who have reached the age of
retirement and have at least 120 months PhilHealth contributions.
v. Retirees who are members of Constitutional Commissions and other Constitutional
Offices who have reached the age of retirement and have at least 120 months PhilHealth
contributions.
2. Retirees/ Pensioners from the Private Sector
i. SSS Pensioners prior to March 4, 1995.
ii. SSS Permanent Total Disability Pensioners prior to March 4, 1995.
iii. SSS Death/ Survivorship Pensioners prior to March 4, 1995.
iv. SSS Old-age Retirees who have reached the age of retirement on or after March 4, 1995
and have at least 120 months PhilHealth premium contributions.
3. Uniformed Members of the AFP, PNP, BJMP and BFP
i. Uniformed personnel of the AFP, PNP, BJMP and BFP who have reached the
compulsory age of retirement before June 24, 1997, and retirees under Presidential
Decree 408.
ii. Uniformed members of the AFP, PNP, BJMP and BFP who have reached the
compulsory age of retirement on or after June 24, 1997, being the effectivity date of RA
8291 which excluded them in the compulsory membership of the GSIS and have at least
120 months PhilHealth premium contributions.
7
4. Members of PhilHealth who have reached the age of retirement age as provided by law and have
met the required premium contributions of at least 120 months, regardless of their employer/s
or sponsors arrears in contributions and is not included in the Sponsored program nor declared
as dependent by their spouse or children.
SECTION 6. Functions
To achieve its objectives, the Corporation shall undertake the following:
a. Require the enrollment and coverage of all citizens of the Philippines under the Program;
b. Coordinate with the DSWD, DILG, DOH, LGUs and other stakeholders for the enrollment and
coverage of identified indigents, sponsored members and those members in the informal sector from the
lower segment who do not qualify for full subsidy under the means test rule of the DSWD;
c. Ensure that all government entities including LGUs issuing professional or business license or permit
shall require all applicants to submit certificate or proof of payment of PhilHealth premium
contributions, prior to the issuance of renewal of such license or permit;
d. Encourage associations, charitable institutions, cooperatives, private non-profit health insurance
organizations/associations or individuals to mobilize funds for the enrollment of as many persons who
cannot afford to pay premium contribution;
e. Establish an efficient premium collection mechanism;
f. Establish and maintain an updated membership and contribution database;
g. Conduct information campaigns on the principles of the Program to the public and accredited health
care providers. This campaign must include the current benefit packages provided by the Corporation,
the mechanisms to avail of the current benefit packages, the list of accredited and dis-accredited health
care providers, and the list of offices/branches where members can pay or check the status of paid health
premiums; and,
h. To establish an office, or where it is not feasible, designate a focal person in every Philippine Consular
Office in all countries where there are Filipino citizens. The office or the focal person shall, among
others, process, review and pay the claims of the migrant workers.
Rule II
GENERAL PROVISIONS CONCERNING ALL MEMBERS
8
SECTION 10. Emancipared Individual or Single Parent
Any person below 21 years of age, married or unmarried but with a child, shall be enrolled as a member.
Rule III
SPECIFIC PROVISIONS CONCERNING MEMBERS IN THE FORMAL SECTOR
Employers may similarly register through the Philippine Business Registry (PBR). Employers registering under the
PBR are no longer required to submit documentary requirements.
9
4. Under fortuitous events as defined by law submit applicable supporting documents as may be
determined by the Corporation;
d. Change of ownership submit Deed of Sale/Transfer/ Assignment;
e. Resumption of operation submit prescribed PhilHealth form reporting newly-hired or re-hired
employees. In case of closure due to fortuitous events, submit supporting documents as determined by
the Corporation.
10
be presumed to be the monthly contributions payable by and due from the employer to the Corporation
for each of the unpaid month, unless contradicted and overcome by other evidence: Provided, that the
Corporation shall neither be barred from determining and collecting the true and correct contributions
due it even after full payment pursuant to this provision, nor shall the employer be relieved of his/her
liability.
SECTION 21. Premium Payment of the Government and Private Sectors with Multiple Employment
Members engaged in multiple employment in the government and private sectors whose aggregate monthly
premium contribution exceeds the maximum rate in the prescribed premium contribution schedule may request
for adjustment of personal share subject to the guidelines to be issued by the Corporation.
Rule IV
SPECIFIC PROVISIONS CONCERNING THE KASAMBAHAYS
Rule V
SPECIFIC PROVISIONS CONCERNING MEMBERS IN THE INFORMAL SECTOR
SECTION 25. Cost Sharing of Contributions from the Lower Income Segment
Members in the informal sector from the lower income segment who do not qualify for full subsidy under the
means test rule of the DSWD shall be entirely subsidized by the LGUs or through cost sharing mechanisms
between/among LGUs, and/or legislative sponsors, and/orother sponsors and/or the member, including the
National Government.
11
SECTION 26. Cessation from Formal Employment or Coverage as Indigent, Sponsored Member or as
Migrant Workers
A member separated from formal employment or whose coverage as a Sponsored member or an Indigent or as
migrant workers has ceased should pay the required premium as a member in the Informal Sector to ensure
continuous entitlement to benefits.
Rule VI
SPECIFIC PROVISIONS CONCERNING INDIGENTS
SECTION 32. Data Sharing on the List of Indigents and their Dependents
The DSWD shall regularly provide the Corporation with the list of indigent families and their dependents
including their personal data and other pertinent information required for their enrollment to the Program.
Likewise, the Corporation shall provide DSWD any updates on the personal data and information of the indigent
families. This data sharing arrangement shall be at no cost to DSWD and PhilHealth.
Rule VII
SPECIFIC PROVISIONS CONCERNING SPONSORED MEMBERS
.
SECTION 33. Payment for Sponsored Members Contributions
The premium payment for Sponsored Members shall be as follows:
a. The premium contributions of orphans, abandoned and abused minors, out-of-school youths, street
children, persons with disability (PWD), senior citizens and battered women under the care of the
DSWD, or any of its accredited institutions run by NGOs or any nonprofit private organizations, shall be
paid by the DSWD and the funds necessary for their inclusion in the Program shall be included in the
annual budget of the DSWD;
12
b. The needed premium contributions of all barangay health workers, nutrition scholars, barangay tanods,
and other barangay workers and volunteers shall be fully borne by the LGUs concerned;
c. The annual required premium for the coverage of un-enrolled women who are about to give birth shall
be fully borne by the National Government and/or LGUs and/or legislative sponsors or the DSWD if
such woman is an indigent as determined by it through the means test.
Rule VIII
SPECIFIC PROVISIONS CONCERNING LIFETIME MEMBERS
SECTION 34. Required Number of Monthly Premium Contributions to Qualify as Lifetime Member
Any person who has reached the age of retirement and has paid at least 120 monthly contributions shall be
qualified as a Lifetime Member. The number of monthly contributions required as a Lifetime Member may be
increased in accordance with an actuarial study to sustain the financial viability of the Program.
Rule IX
PROVISION ON MAKING PHILHEALTH A REQUISITE FOR
ISSUANCE / RENEWAL OF LICENSE / PERMITS
Title IV
BENEFIT ENTITLEMENTS
Rule I
BENEFITS
13
SECTION 39. Benefit Package
Members and their dependents are entitled to the following minimum services, subject to the limitations specified
in the Act and as may be determined by the Corporation:
a. In-patient care:
1. Room and board;
2. Services of health care professionals;
3. Diagnostic, laboratory, and other medical examination services;
4. Use of surgical or medical equipment and facilities;
5. Prescription drugs and biologicals, subject to the limitations of the Act; and,
6. Health Education.
b. Out-patient medical and surgical care:
1. Services of health care professionals;
2. Diagnostic, laboratory and other medical services;
3. Personal preventive services;
4. Prescription drugs and biologicals, subject to the limitations of the Act; and,
5. Health Education.
c. Emergency and transfer services;
d. Health Education Packages; and,
e. Such other health care services that the Corporation and the DOH shall determine to be appropriate and
cost-effective.
These services and packages shall be reviewed annually to determine its financial sustainability and relevance to
health innovations, with the end in view of quality assurance, increased benefits and reduced out-of-pocket
expenditure. Such review shall include actuarial studies.
The following need not pay the monthly contributions to be entitled to the Programs benefits
a. Retirees and pensioners of the SSS and GSIS prior to March 4, 1995;
b. Members of PhilHealth who have reached the age of retirement as provided for by law, not gainfully
employed or continuing their practice as professional and have met the required premium contributions
of at least 120 months; and,
c. Enrolled indigents and sponsored members.
14
where the member/dependent was confined; and,
b. Certification of the attending physician as to the final diagnosis, period of confinement and services
rendered.
The benefits to be granted shall be paid to the member in the equivalent local rate based on the Level Three (3)
hospital category with the applicable case-rate payment.
Rule II
PAYMENT OF CLAIMS
SECTION 45. No Balance Billing for Indigents and Sponsored Members in Government Health Care
Institutions
No other fee or expense shall be charged to indigent or sponsored patient in government health care institutions,
subject to the guidelines issued by the Corporation. All necessary services and complete quality care to attain the
best possible health outcomes shall be provided to them.
Health care institutions must give indigent members preferential access to their social welfare funds, which may be
used to augment the benefit package provided, in case of insufficiency to fully cover all confinement charges.
Health care professionals must not charge over and above the professional fees provided by the Program for
members admitted to a service bed.
SECTION 46. Payment for Health Care Professionals in Health Care Institutions
All payments for professional services rendered by salaried public providers shall be allowed to be retained by the
health facility in which services are rendered and be pooled and distributed among health personnel. Charges paid
to public facilities shall be retained by the individual facility in which services were rendered and for which
payment was made. Such revenues shall be used to primarily defray operating costs other than salaries, to maintain
or upgrade equipment, plant or facility, and to maintain or improve the quality of service in the public sector.
15
other documents required for processing.
1. The claim sent through mail or courier, the date of mailing as stamped by the post office of
origin or date received by the courier service shall be considered as the date of filing.
2. If the delay in the filing of claims is due to natural calamities or other fortuitous events, the
health care provider shall be accorded an extension period of sixty (60) calendar days.
3. If the delay in the filing of claim is caused by the health care provider and the benefits had
already been deducted, the claim will not be paid. If the benefits are not yet deducted, it will be
paid to the member chargeable to the future claims of the health care provider.
4. For any other means of filing of claims, such as but not limited to electronic submission, the
Corporation shall issue specific guidelines for the purpose.
b. The health care provider shall deduct from the total charges all expenses reimbursable by the Corporation
upon discharge of the patient. The payment of benefits shall be made directly to the health care provider.
c. Health care providers are not allowed to charge for PhilHealth forms and processing fees from the
member when claiming reimbursement from the Corporation.
d. Direct filing of claims and payment to the member shall be allowed only for confinements abroad or such
other conditions as may be determined by the Corporation.
e. The Corporation shall penalize health care providers for claims attended by any but not limited to the
following circumstances:
1. Over-utilization of services;
2. Unnecessary diagnostic and therapeutic procedures and intervention;
3. Irrational medication and prescriptions;
4. Fraudulent, false or incorrect information as determined by the appropriate office;
5. Gross, unjustified deviations from currently accepted standards of practice and/or treatment
protocols;
6. Inappropriate referral practices;
7. Use of fake, adulterated or misbranded pharmaceuticals, or unregistered drugs;
8. Use of drugs other than those recognized in the latest PNF and those for which exemptions
were granted by the Board; and,
9. Failure to comply without justifiable cause with the pertinent provisions of the law, IRR and any
issuances of the Corporation.
f. When the claim is denied, the amount of claim shall not be recovered from the member.
g. All claim applications for drugs and medicines shall be in generic terminology in conformity with DOH
regulations and the law.
h. When the claims filed by a private health care institution indicate that its bed occupancy rate exceeds its
accredited bed capacity, such claims must be justified in a notarized document, the contents of which
shall be prescribed by the Corporation. Otherwise, the same shall not be processed.
i. Any operation performed beyond the accredited capability shall be considered a violation and a claim for
such shall be denied by the Corporation, except when the same is done in an emergency case or when
referral to a higher category health care institution is physically impossible.
j. Primary care facilities shall be compensated only for certain medical and simple surgical operations as
determined by the Corporation.
k. All claims for services filed by a health care institution after its category is downgraded/upgraded
pursuant to this Rules shall be paid based on rates for such downgraded/upgraded category.
l. All completed claims, except those under investigation, shall be paid within sixty (60) calendar days from
receipt of the Corporation.
m. Confinements of less than twenty-four (24) hours shall only be compensated under the following
instances:
1. If the patient is transferred to another health care institution;
2. In emergency cases as defined by the Corporation;
3. If the patient expired; or,
4. Other cases as may be determined by the Corporation.
n. Claims of members confined in a non-participating health care institution shall be compensated; Provided,
that all of the following conditions are met:
1. The health care institution is licensed by DOH;
2. The case is emergency as determined by the Corporation; and,
3. When physical transfer/referral to an accredited health care institution is impossible as
determined by the Corporation.
16
SECTION 50. Capitation Arrangement
All capitation arrangement shall be covered by a performance commitment by and between the Corporation and
the concerned accredited health care provider.
Title V
QUALITY ASSURANCE AND ACCREDITATION
Rule I
QUALITY ASSURANCE
17
f. Translate and implement quality assurance standards in the medical evaluation of claim applications for
reimbursement of services rendered to members; and,
g. Undertake studies/researches that would gauge the effectiveness of the program.
In the same manner, the program shall include, among others, the following functions that will ascertain quality
standards of its providers:
a. Review the credentials of individual health care professionals working in the health care institution;
b. Provide referral and practice guidelines for the health care providers;
c. Establish utilization review and monitoring scheme for the performance of health care providers;
d. Institutionalize a mechanism to measure health outcomes and patient satisfaction including mortality,
morbidity, infection rates and other related activities;
e. Set-up a data gathering and retrieval system from the health and financial records to support performance
monitoring and outcomes measurement activities;
f. Establish a system for peer review and feedback to the health care professionals and mechanism for
change in practice patterns as needed;
g. The appointment of a specific person responsible for quality assurance in the institution;
h. Implement remedial measures to correct deficiencies in the quality of the health services that have been
identified through utilization review, peer review, performance assessment of health care institutions; and,
i. Document meetings of quality circles or Quality Assurance Committee
Rule II
ACCREDITATION
18
1. Health care institutions whose previous accreditation has lapsed or whose subsequent application
was denied;
2. Health care institutions that failed to submit the requirements for continuous participation within
the prescribed period;
3. Acquisition of additional service capability that would require change in license/certificate, as
applicable, issued by the relevant authority;
4. Transfer of location. The health care institution must first secure a license to operate from the
DOH for the new facility prior to the date of transfer and apply for re-accreditation within
ninety (90) calendar days from the date of transfer. Beyond this period, the accreditation shall
automatically lapse and all claims filed with the Corporation shall not be paid. The health care
institution must inform the Corporation of the planned transfer indicating the exact date of
transfer and address of the new site. The ninety (90) day grace period shall not apply to the new
site if it is not licensed.
5. Upgrading of facility level or category
6. Change in the classification of health care institution
7. Change in ownership. The health care institution in good standing must apply within the ninety
(90) calendar days from actual change of ownership.
8. Resumption of operation after closure/cessation of operation.
Professionals whose previous accreditation has lapsed or whose subsequent application was denied shall
be re-accredited.
When the accreditation of a health care institution lapsed due to the voluntary act of a health care
provider to evade the consequences of a previous violation or adverse findings indicating fraud, as
determined by the Corporation, the application for re-accreditation shall be denied.
d. Reinstatement of Accreditation the restoration of accreditation after compliance to conditions
following a suspension imposed by the Corporation.
There are two levels of participation for Health Care Institutions (HCI):
a. Basic Participation is the minimum level of participation granted by PhilHealth to all HCIs that
comply with all the requirements including the performance commitment (e.g. license or certificate, as
applicable) and pass the accreditation survey, when applicable. Health care institutions shall be granted
continuous basic participation with PhilHealth until withdrawn based on the rules set by the Corporation.
b. Advanced Participation a higher level of participation granted by PhilHealth to HCIs already engaged
for basic participation that are able to comply with all the requirements set by PhilHealth and pass the
mandatory survey for Advanced Participation.
19
1. Physicians
2. Dentists
3. Nurses
4. Midwives
5. Pharmacists
6. Other duly licensed health care professionals
The following health care institutions shall be exempted from the three (3) year operation requirement:
a. Primary Care Benefit Providers;
b. TB DOTS providers;
c. Non-hospital maternity care package providers;
d. Malaria outpatient clinics;
e. Animal bite treatment providers; and,
f. Such other health facilities as may be determined by the Corporation
SECTION 60. Accreditation Requirements for Group Health Care Institutions, Health System
Providers, Pharmacies and Retail Drug Outlets, Health Maintenance Organizations, and Community-
Based Health Care Organizations
The Corporation shall prescribe the requirements for the accreditation of group health care institutions, health
system providers, pharmacies and retail drug outlets, health maintenance organizations, and community-based
health care organizations.
20
submitting the duly accomplished forms and documents and upon payment of the required fees as
prescribed by the Corporation. Such documents shall be subject to verification and authentication at the
discretion of the Corporation.
c. The HCI shall submit the requirements for accreditation to its respective PhilHealth Regional Offices
(PRO) for evaluation and processing.
d. The accreditation of HICs through the basic participation shall be continuous unless withdrawn,
suspended or revoked based on the rules set by the Corporation.
e. HCIs shall be visited and inspected as often and as necessary to determine compliance with the
requirements and conditions for accreditation.
f. The Corporation shall determine the period of accreditation within a reasonable period of time from
receipt of application and reserves the right to issue, deny or withdraw the accreditation after an
evaluation of the capability and integrity of the health care institution.
g. All matters pertaining to accreditation shall be decided by the Accreditation Committee whose decision
shall become effective upon approval by the President and CEO. Only decisions on application for basic
participation may be the subject of a motion for reconsideration to be filed with the Accreditation
Committee. Only one motion for reconsideration shall be entertained.
h. Accreditation shall take effect prospectively. Claims for services before the effectivity of accreditation and
after the withdrawal of accreditation shall be denied.
SECTION 62. Third Party Accreditation through the Hospital Accreditation Commission
The Corporation shall develop a policy for the implementation of third party accreditation through the Hospital
Accreditation Commission.
SECTION 63. Accreditation requirements for Physicians, Dentists, Nurses, Midwives, Pharmacists and
other Licensed Health Care Professionals
Physicians, dentists, nurses, midwives, pharmacists and other licensed health care professionals shall comply with
the following requirements to be accredited:
a. They must be duly licensed to practice in the Philippines by the PRC;
b. They must be members of the Program with qualifying premium contributions;
c. They must comply with the provisions set forth in the performance commitment for professionals;
d. They must comply with any other requirements that may be determined by the Corporation.
No accreditation fees shall be imposed by the Corporation for health care professionals and shall not require a
certificate of good standing or such other analogous certification for them to be accredited.
Findings on ethical issues by disciplinary bodies of accredited professional organizations of the Professional
Regulation Commission (PRC) or specialty societies recognized by the Philippine Medical Association (PMA) in
the case of medical specialists, shall be considered in assessing the performance of health care professionals.
Suspension of membership in such professional organizations shall be given due consideration in assessing the
continued accreditation of such professionals.
21
SECTION 65. Grounds for Denial/Non-Reinstatement of Accreditation
Any of the following shall be grounds for the denial/non-reinstatement of accreditation:
a. Non-compliance with any or all of the requirements of accreditation;
b. Revocation, non-renewal or non-issuance of license/ accreditation/ clearance to operate or practice of
the health care provider by the DOH, PRC or government regulatory office or institution;
c. Conviction due to fraudulent acts as determined by the Corporation until such time that the decision is
reversed by the Appellate Court or the penalty has been fully served;
d. Change in the ownership, management or any form of transfer either by lease, mortgage or any other
transfer of a health care institution without prior notice to the Corporation; or,
e. Such other grounds as the Corporation may determine.
Rule III
PERFORMANCE MONITORING OF HEALTH CARE PROVIDERS
Rule IV
OUTCOMES ASSESSMENT
22
Rule V
MECHANISM FOR FEEDBACK
Rule VI
HEALTH TECHNOLOGY ASSESSMENT
SECTION 69. Health Technology Assessment The Corporation shall use Health Technology Assessment
(HTA) to examine the medical, economic, social and ethical implications of use of health technology in order to
support its benefit and quality assurance policies within the context of actual needs, current standards of medical
practice and national health objectives. The Corporation shall do this in partnership with the DOH, academe,
government, medical professional organizations and other stakeholders. The outputs of HTA shall be one of the
bases for inclusion or non-inclusion of health technologies in the benefit package.
Rule VII
POLICY FORMULATION AND REVIEW
Title VI
CREATION OF THE NATIONAL HEALTH INSURANCE FUND
Rule I
NATIONAL HEALTH INSURANCE FUND
23
b. Other appropriations earmarked by the national and local governments purposely for the implementation
of the Program;
c. Subsequent appropriations provided for under Sections 46 and 47 of the Act;
d. Donations and grants-in-aid; and,
e. All accruals thereof.
Subsequently, the total annual costs for these shall not exceed the sum total of the following:
a. Four percent (4%) of the total premium contributions collected during the immediately preceding year;
b. Four percent (4%) of the total reimbursements or total cost of health services paid by the Corporation in
the immediately preceding year; and,
c. Five percent (5%) of the investment earnings generated during the immediately preceding year.
Rule II
RESERVE FUNDS
24
debt discount and rentals for leased properties, including interest on funded and unfunded debt, shall
have been not less that one and one quarter (1 ) times the total of the recurring expenses for such year:
Provided, further, That such investment shall not exceed fifteen percent (15%) of the investment reserve
fund;
c. In interest-bearing deposits and loans to or securities in any domestic bank doing business in the
Philippines: Provided, That in the case of such deposits, this shall not exceed at any time the unimpaired
capital and surplus or total private deposits of the depository bank, whichever is smaller: Provided, further,
that said bank shall first have been designated as a depository for this purpose by the Monetary Board of
the Bangko Sentral ng Pilipinas;
d. In preferred stocks of any solvent corporation or institution created or existing under the laws of the
Philippines: Provided, that the issuing, assuming, or guaranteeing entity or its predecessor has paid regular
dividends upon its preferred or guaranteed stocks for a period of at least three (3) years immediately
preceding the date of investment in such preferred or guaranteed stocks: Provided, further, That if the
stocks are guaranteed the amount of stocks so guaranteed is not in excess of fifty percent (50%) of the
amount of the preferred common stocks as the case may be of the issuing corporation: Provided,
furthermore, that if the corporation or institution has not paid dividends upon its preferred stocks, the
corporation or institution has sufficient retained earnings to declare dividends for at least two (2) years on
such preferred stocks and in common stocks of any solvent corporation or institution created or existing
under the laws of the Philippines in the stock exchange with proven track record of profitability and
payment of dividends over the last three (3) years; and,
e. In bonds, securities, promissory notes or other evidence of indebtedness of accredited and financially
sound medical institutions exclusively to finance the construction, improvement and maintenance of
hospitals and other medical facilities: Provided, that such securities and instruments are backed up by the
guarantee of the Republic of the Philippines or the issuing medical institution and the issued securities
and bonds are both rated triple A by authorized accredited domestic rating agencies: Provided, further, that
said investments shall not exceed ten percent (10%) of the total investment reserve fund.
As part of its investments operations, the Corporation may hire institutions with valid trust licenses as its external
local fund managers to manage the investment reserve fund, as it may deem appropriate, through public bidding.
The fund managers shall submit annual reports on investment performance to the Corporation.
A portion of each of the above funds shall be identified as current and kept in liquid instruments. In no case shall
said portion be considered part of invested assets.
Another portion of the said funds shall be allocated for Lifetime Members within six (6) months after the
effectivity of the Act. Said amount shall be determined by an actuary or pre-calculated based on the most recent
valuation of liabilities.
The Corporation shall allocate a portion of all contributions to the fund for Lifetime Members based on an
allocation to be determined by the PhilHealth actuary based on a pre-determined percentage using the current
average age of members and the current life expectancy and morbidity curve of filipinos.
The Corporation shall manage the supplemental benefits and the lifetime members fund in an actuarially sound
manner.
The Corporation shall manage the supplemental benefits fund to the minimum required to ensure that the
supplemental benefit payments are secure.
25
Title VII
QUASI-JUDICIAL POWERS OF THE CORPORATION
Rule I
QUASI-JUDICIAL POWERS
The revocation of a health care providers accreditation shall operate to disqualify him from obtaining
another accreditation in his own name, under a different name, or through another person, whether
natural or juridical.
Rule II
THE BOARD AS A QUASI-JUDICIAL BODY
The Corporation shall be governed by the Board, which shall be composed of the following members:
The Secretary of Health;
The Secretary of Labor and Employment or a permanent representative;
The Secretary of the Interior and Local Government or a permanent representative;
The Secretary of Social Welfare and Development or a permanent representative;
The Secretary of the Department of Finance (DOF) or a permanent representative;
The President and Chief Executive Officer (CEO) of the Corporation;
The SSS Administrator (President & Chief Executive Officer) or a permanent representative;
The GSIS General Manager (President and General Manager) or a permanent representative;
The Vice-Chairperson for the basic sector of the National Anti-Poverty Commission or a permanent
representative;
The Chairperson of the Civil Service Commission (CSC) or a permanent representative;
A permanent representative of Filipino Migrant Workers;
A permanent representative of the members in the Informal Economy;
A permanent representative of the members in the Formal Economy;
A representative of employers;
A representative of health care providers to be endorsed by their national associations of health care
institutions and medical health professionals;
26
A permanent representative of the elected Local Chief Executives to be endorsed by the League of
Provinces, League of Cities and League of Municipalities; and,
An independent Director to be appointed by the Monetary Board.
The Secretary of Health shall be the ex-officio Chairperson of the Board while the President and CEO
shall be the Vice-Chairperson.
Rule III
THE PROSECUTORS, ARBITERS AND INVESTIGATING OFFICERS OF THE CORPORATION
SECTION 82. Jurisdiction and Qualifications of the Prosecutors and Arbiters of the Corporation
Prosecutors of the Corporation shall have the power and authority to conduct fact-finding investigation on
complaints filed by any person or by the Corporation against health care providers and/or members, and if a
prima facie case exists, to file and prosecute the complaint before the Arbiter. The Prosecutor may also administer
oath in accordance with Chapter X, Section 41, paragraph 2 of Executive Order No. 292. A Prosecutor must be a
bona fide member of the Philippine Bar and must have been engaged in the practice of law for at least three (3)
years prior to appointment.
Arbiters shall exercise original and exclusive jurisdiction over all complaints filed with the Corporation in
accordance with R.A. 7875 as amended and this Rules. They shall have the power to administer oaths, issue
subpoenas, (ad testificandum and duces tecum) and such other powers vested in them by R.A. 7875 and this
Rules. An Arbiter must be a bona fide member of the Philippine Bar and must have been engaged in the practice
of law for at least three (3) years prior to appointment.
Title VIII
RULES OF PROCEDURE ON ADMINISTRATIVE CASES AGAINST
HEALTH CARE PROVIDERS AND MEMBERS
Rule I
COMPLAINTS, GROUNDS, VENUE AND PARTIES
27
SECTION 86. Grounds for a Complaint Against a Member
A written complaint against a member may be filed for the commission of any of the offenses enumerated in
Rule III, Title IX (Definition of Administrative Offenses and Penalties) of this Rules.
Rule II
FACT-FINDING INVESTIGATION
SECTION 88. Complaints Filed Before the Fact-Finding Investigation and Enforcement Department
For complaints filed before the FFIED, the following procedure shall be observed. Upon receipt of the
complaint, the FFIED shall:
a. Immediately docket the complaint;
b. Conduct the necessary fact-finding investigation and issue the Fact-Finding Investigation Report (FFIR)
within sixty (60) days;
c. File the affidavit -complaint with the Prosecution Department within ten (10) days from the issuance of
the FFIR if warranted by the same.
SECTION 89. Complaints Filed Before the Legal Office of the PRO
For complaints filed before the PRO Legal Office the following procedure shall be observed. Upon receipt of the
complaint, the PRO Legal Office shall:
a. Conduct the necessary fact-finding investigation, issue the FFIR along with its recommendation on
whether to dismiss the complaint or file a case, and transmit the same to the FFIED within a period of
sixty (60) days;
b. Upon receipt of the FFIR, the FFIED shall immediately docket the same and, within ten (10) days, file
the affidavit-complaint with the Prosecution Department, if warranted by the FFIR.
Rule III
PRELIMINARY INVESTIGATION BEFORE THE PROSECUTION DEPARTMENT
28
SECTION 92. Finding of a Prima Facie Case
If from an evaluation of the affidavit-complaint, answer and other evidence attached thereto, the investigating
prosecutor finds a prima facie case against the respondent health care provider/member, the investigating
prosecutor shall submit the resolution together with the formal complaint for the approval of the Senior Vice-
President for Legal Sector (SVP-LS) within thirty (30) days from receipt of the answer or from the expiration of
the period to file the same.
SECTION 93. Period for Approval of the Senior Vice-President for Legal Sector
The SVP-LS shall have five (5) days from receipt of the formal complaint and resolution to act on the same. If no
action is taken within the given period, the formal complaint and resolution shall be deemed approved.
Rule IV
CONTENTS OF THE FORMAL COMPLAINT
29
Rule V
PROCEDURE BEFORE THE ARBITRATION OFFICE
Service of summons by registered mail may be proved by a certificate of the server attesting that a copy of the
summons and papers attached thereto, enclosed in an envelope and addressed to the respondent, with postage
prepaid, has been mailed to which certificate the registry receipt and return card shall be attached to the
certificate.
No motion to dismiss shall be entertained, except one filed on the ground of lack of jurisdiction over the subject
matter or failure to state a cause of action.
30
SECTION 103. Affidavits and Position Papers
After a verified answer is filed and the issues are joined, the Arbiter shall issue an order requiring the parties to
simultaneously submit their respective position paper within fifteen (15) calendar days from receipt of the order.
The position paper shall contain a brief statement of the positions of the parties, setting forth the law and the
facts relied upon them, including the affidavits of the witnesses and other evidence on the factual issues defined
therein.
Whenever a person, without lawful excuse, fails or refuses to take an oath or to produce documents for
examination or to testify, in disobedience to a lawful subpoena issued by the Arbiter, the latter may invoke the aid
of the Regional Trial Court within whose territorial jurisdiction the case is being heard to cite such person in
contempt, pursuant to Section 14, Chapter 3, Book VII of the Revised Administrative Code.
31
The withdrawal or desistance of the complainant shall not bar the Arbiter from proceeding with the hearing of
the complaint against the respondent. The Arbiter shall act on the complaint as may be merited by the complaint
and evidence on record and impose such penalties on the erring respondent as may be deemed appropriate.
Rule VI
APPEAL TO THE BOARD
32
SECTION 116. Appeal Fee and Appeal Bond
Except when the appellant is the Corporation or a member of the sponsored program, the appellant shall pay an
appeal fee in an amount of ten percent (10%) of the imposed fine but not exceeding ten thousand pesos
(P10,000.00) and shall post an appeal bond in the form of cash or surety bond in the amount equivalent to the
fine imposed in the decision appealed from. Proof of such payment and posting shall be attached to the notice of
appeal.
Non-perfection of the appeal as provided in this Rules shall be a valid ground for the immediate dismissal by the
Arbitration Office of the appeal and renders the decision final and executory.
Rule VII
REVIEW OF APPEALED ADMINISTRATIVE CASES
33
SECTION 124. Composition of CAAC
The CAAC shall be composed of five (5) Board Members designated as such by the Board en banc. The members
of the CAAC shall elect among themselves its Chairperson and Vice-Chairperson. The Chairperson, or in his/her
absence, the Vice-Chairperson, shall preside over all meetings of CAAC.
If the report and recommendation of the CAAC is not approved by the Board en banc, then the Chairperson of
the Board will designate one of its members, who was part of the majority who voted not to approve such report
and recommendation, to draft the decision for the consideration and approval of the Board en banc.
Rule VIII
PROCEDURE BEFORE THE BOARD ON APPEALED CASES
34
SECTION 130. Rejoinder
The appellant may file its rejoinder to the comment/answer filed by the appellee within a period of ten (10)
calendar days from receipt of such comment/answer. Failure to file such rejoinder within the said period shall be
construed as a waiver to file the same.
Rule IX
DECISION PROCESS
In determining whether or not to affirm the decision of the Arbitration Office, the CAAC shall take into account
the presence or absence of mitigating, aggravating circumstances and prior violations, if any, of the respondent
health care provider or member, and the possible impact to the community/members of imposing administrative
penalties against the appealing respondent.
35
Rule X
ENTRY OF JUDGMENT
Rule XI
EXECUTION OF A DECISION
Rule XII
WRIT OF EXECUTION ON HEALTH CARE INSTITUTIONS
36
inform the Accreditation Unit and Benefit Administration Section of the PRO upon its receipt of the
writ.
b. In the event that the authorized officials or representatives of the respondent health care institution
refuse to expressly receive the writ, the Legal Office shall take note of such refusal and tender the writ
by leaving a copy thereof at the premises of the health care institution. Tender of the writ is tantamount
to an effective service of the same.
c. After personal service of the writ, the Legal Office shall submit within seven (7) days a report or
certification of compliance to the directive, attaching thereto satisfactory evidence or proof of service,
to the Arbiter and the Manager of the Accreditation Department. The Legal Office shall keep a record
of the writs received and personally served for verification purposes.
d. After receipt of the compliance report or certification, the Accreditation Department shall then
commence appropriate revisions in the database of the accreditation status of the respondent health
care institution. The Accreditation Department shall immediately inform the Legal Office, Accreditation
Unit and Benefit Administration Section of the PRO wherein the respondent health care institution is
situated once the revision has been effected.
37
Rule XIII
WRIT OF EXECUTION ON HEALTH CARE PROFESSIONALS
38
SECTION 149. Deductions of Fines from Benefit Claims
Where the respondent health care professional refuses or fails to timely satisfy or pay the penalty of fine despite
having been duly served with a writ of execution, the said fine shall be deducted by the Corporation from the
proceeds of the pending or future benefit claims with the Corporation of the respondent health care
professional.
Rule XIV
WRIT OF EXECUTION ON MEMBERS
39
Rule XV
APPEAL TO THE COURT OF APPEALS
Title IX
DEFINITION OF ADMINISTRATIVE OFFENSES AND PENALTIES
Rule I
OFFENSES OF HEALTH CARE INSTITUTIONS
40
SECTION 159. Filing of Multiple Claims - Any health care institution who files two or more claims for a
patient for the same confinement or out-patient treatment or illness.
41
Rule II
OFFENSES OF HEALTH CARE PROFESSIONALS
Rule III
OFFENSES OF MEMBERS
Rule IV
CLASSIFICATION OF ADMINISTRATIVE OFFENSES
42
SECTION 173. Fraudulent Offenses
The following are considered as fraudulent offenses:
a. Padding of claims
b. Claims for non-admitted or non-treated patients
c. Extending period of confinement
d. Post-dating of claims
e. Misrepresentation by false or incorrect information
f. Misrepresentation by furnishing false or incorrect information
g. Fabrication or possession of fabricated forms and supporting documents
h. Other fraudulent acts
b. Fraudulent Offenses
Suspension of 3 months to 4 months and/or Fine of not less than
First Offense
P50,000.00 but not more than P70,000.00
Suspension of 4 months and 1 day to 6 months and/or Fine of not less than
Second Offense
P70,000.00 but not more than P90,000.00
Third Offense Revocation of accreditation and Fine of P100,000
Any member who, for purposes of claiming PhilHealth benefits or entitlement thereto, shall commit any of the
above-mentioned offenses, independently or in connivance with the health care provider, shall suffer the penalties
of a fine of not less than Five Thousand Pesos (5,000.00) but not more than Ten Thousand Pesos (10,000.00)
and/or suspension from availment of PhilHealth benefits for not less than three (3) months but not more than
six (6) months.
Recidivists are health care providers who have been found guilty of the maximum number of offenses and meted
the penalty of revocation of accreditation in accordance with the herein Scale of Administrative Penalties.
Recidivists may no longer be accredited by the Corporation.
43
Rule V
GENERAL PROVISIONS
Title X
PENAL OFFENSES AND PENALTIES
Rule I
OFFENSES OF OFFICERS AND EMPLOYEES OF THE CORPORATION
The officer or employee found liable for misappropriation of funds or property shall suffer imprisonment of not
less than six (6) years but not more than twelve (12) years and a fine of not less than Ten Thousand Pesos
(P10,000.00) but not more than Twenty Thousand Pesos (P20,000.00).
Any shortage of funds or loss of the property upon audit shall be deemed prima facie evidence of the offense.
44
SECTION 180. Other Violations Involving Funds
All other violations involving funds of the Corporation shall be governed by the applicable provisions of the
Revised Penal Code or other laws, taking into consideration the provisions under this Rules on collection,
remittances, and investment of funds.
Rule II
OFFENSES OF EMPLOYERS
45
aforementioned offenses. In the absence, failure or inability of the Head or OIC of the Collection Unit of the
PRO to do so, the Regional Vice-President or OIC of the PRO shall timely perform the same duty.
Rule III
FINAL PROVISIONS
SECTION 190. Filing of Complaint - The filing of a complaint before the Corporation shall not bar a separate
independent criminal action before any board, office, tribunal or court against the erring health care provider or
member, and vice versa.
SECTION 191. Execution of Penalty - When a health care institution ceases operation or an independent
health care professional stops practicing before serving the suspension, execution of penalty shall be deferred, to
be implemented when the same owner or medical director opens or operates a new institution irrespective of the
name or location, or when the health care provider practices again; Provided, that the dispositive part of the
resolution or decision requiring payment of fines, reimbursement of paid claim or denial of payment shall be
immediately executory.
A spouse or relative within the fourth (4th) degree of consanguinity or affinity of the owner or medical director
shall be presumed to be the alter ego of such owner or medical director for the above purposes.
Despite the cessation of operation or practice of a health care provider while the complaint is being heard, the
proceedings may continue until rendition of judgment for the purpose of determining future relationships
between the Corporation and the erring provider.
46
Title XI
ADMINISTRATIVE REMEDIES OF
HEALTH CARE PROVIDERS AND MEMBERS
Rule I
COMMON PROVISIONS
Rule II
GRIEVANCE AGAINST PROGRAM IMPLEMENTORS
SECTION 195. Grounds for Grievances - The following acts shall constitute valid grounds for grievance:
a. Any violation of the rights of patients;
b. Willful neglect of duty resulting in the loss or non-availment of benefits by members or their dependents;
c. Unjustifiable delay in actions on claims;
d. Delay in the processing of claims that extends beyond the prescribed period; and,
e. Any other act or omission that tends to undermine or defeat the purposes of the Act and this Rules.
The complaint shall be verified and accompanied by affidavits of the complainant and the witnesses as well as
other supporting documents, in such number of copies as there are respondents, plus two (2) copies for the
official file.
47
SECTION 199. Investigation
Upon the filing of a complaint for grievance and subject to Section 203 hereof, the GARC shall conduct an
inquiry to determine whether there is sufficient ground to engender a well-founded belief that a grievance
cognizable by the GARC has been committed by a program implementor and that prosecution and adjudication
of the case by the GARC is necessary to give the aggrieved party redress.
Rule III
THE GRIEVANCE AND APPEALS REVIEW COMMITTEE
If the respondent implementor failed to submit the verified answer, counter-affidavits and other supporting
documents in the proceeding before the Corporation, the respondent implementor shall be required to file the
same with the GARC within five (5) calendar days from the service of summons. Summons may be served in
accordance with the provisions of this Rules.
48
SECTION 205. Clarificatory Hearing
In cases where the GARC deems it necessary to hold a hearing to clarify specific factual matters before rendering
judgment, it shall set the case for hearing for the said purpose. At such hearing, witnesses whose affidavits were
previously submitted may be asked clarificatory questions by the proponent and by the GARC and may be cross-
examined by the adverse party. The order setting the case for hearing shall specify the witnesses who will be called
to testify, and the matters on which their examination will deal. The hearing shall be terminated within fifteen (15)
calendar days, and the case shall be decided by the GARC within fifteen (15) calendar days from such termination.
Rule IV
REVIEW OF GARC DECISION
49
SECTION 214. Decision of the Board
The Board shall resolve the petition within thirty (30) calendar days from receipt thereof with the records of the
case.
Rule V
ADMINISTRATIVE PROTESTS
SECTION 220. Appeal Before the Protests and Appeals Review Department (PARD)
The decisions or notices of the PROs may be appealed by the aggrieved health care provider or member in
writing to the PARD within fifteen (15) days from receipt of such decisions or notices.
The PARD may adopt, modify or reject the decisions or notices of the PRO on protests in whole or in part.
Forthwith, the PARD shall issue an order resolving the appeals, as far as practicable, within a period of thirty (30)
days from receipt of the appeal, citing the facts and the law or rules on which the same is based. The order of the
PARD shall be final and executory.
Rule VI
CONSTRUCTION AND APPLICATION
50
SECTION 222. Application of this Rules
This Rules shall apply to all administrative cases brought before the Corporation.
TITLE XII
VISITORIAL POWERS OF THE CORPORATION
Title XIII
TRANSITORY PROVISION
Title XIV
MISCELLANEOUS PROVISIONS
SECTION 227. Nine (9) Months Contribution within Twelve (12) Months
The previous requirement of payment of (9) months contributions within the last twelve (12) months shall no
longer be required in the members entitlement to benefits.
51
SECTION 229. Separability Clause
In the event any provision of this Rules or the Act or the application of such provision to any person or
circumstance is declared invalid, the remainder of this Rules or the application of said provisions to other persons
or circumstance shall not be affected by such declaration.
52