Constitutional and statutory basis
- The order grounds itself on Section 18, Article II of the Constitution, which declares State policy to affirm labor as a primary social economic force, protect workers’ rights, and promote their welfare.
- The order cites Section 2 of Republic Act (RA) No. 8042, the Migrant Workers and Overseas Filiplos Act of 1995, as amended, requiring adequate and timely social, economic, and legal services to Filipino migrant workers.
- The order cites Section 6 of RA No. 10801, the Overseas Workers Welfare Administration (OWWA) Act, requiring OWWA to develop, support, and finance specific projects for the welfare of member-OFWs and their families.
- The order cites Section 2 of RA No. 11223, the Universal Health Care Act, requiring a people-oriented approach centered on people’s needs and well-being and cognizant of differences in cultures, values, and beliefs.
- The order relies on Section 17, Article VII of the Constitution, giving the President control over executive departments, bureaus, and offices, and requiring faithful execution of laws.
Directive to establish the OFW Hospital
- The National Government must establish the OFW Hospital subject to limitations under existing laws, rules, and regulations.
- The OFW Hospital must be located in San Fernando City, Pampanga.
- The OFW Hospital must cater primarily to the health care needs of OFWs and qualified dependents.
Purposes and objectives of the hospital
- The OFW Hospital must establish, operate, and maintain medical facilities, including a medical and diagnostic center, for the welfare of OFWs and their qualified dependents, and for the general public when warranted.
- The hospital must promote, encourage, engage in, and publish scientific research on the prevention, care, and treatment of occupational diseases common to OFWs.
- The hospital’s research includes underwriting research on biological, demographic, social, economic, eugenic, physiological aspects of occupational disorders of OFWs, and conducting relevant congresses, conventions, seminars, and conferences.
- The hospital must develop and encourage public interest and disseminate and exchange information on:
- (i) prevention, treatment, and control of diseases common to OFWs; and
- (ii) OFW occupational health and physical fitness, including promotion of health and rehabilitation, and other related fields.
- The hospital must encourage and undertake training of physicians, nurses, medical technicians, health officers, and social workers on practical and scientific conduct and implementation of OFW occupational health services.
- The hospital must assist and support universities, research institutions, and other hospitals or medical facilities in studies on health-related concerns of OFWs.
Inter-agency committee creation and composition
- An Inter-agency Committee on the OFW Hospital (ICOH) is created.
- The ICOH must have the following composition:
- Chairperson: Secretary, Department of Labor and Employment (DOLE)
- Co-Chairperson: Secretary, Department of Health (DOH)
- Members: Secretary, Department of Budget and Management (DBM); Administrator, Overseas Workers Welfare Administration (OWWA); Administrator, Philippine Overseas Employment Administration (POEA)
- Two (2) representatives of land-based and sea-based OFWs
- The land-based and sea-based OFW representatives must be appointed by the President from a list of nominees submitted by the Chairperson.
- OFW nominees must be at least forty (40) years of age and must be an OFW with at least three (3) years of work experience abroad at the time of nomination.
ICOH powers and responsibilities
- The ICOH must determine and undertake, in coordination with the Governance Commission for Government-Owned or -Controlled Corporations, the appropriate steps for the formal establishment and/or incorporation of the OFW Hospital in accordance with:
- RA No. 10149 (GOCC Governance Act of 2011),
- pertinent DOH regulations and issuances, and
- other relevant laws, rules, and regulations.
- Upon incorporation of the OFW Hospital, the ICOH must assume, perform, and carry out the functions and responsibilities of the Board of Trustees, while retaining the composition and structure stated in the order.
- The ICOH must, through these trustee functions, formulate and implement measures and programs to effectively and efficiently attain the hospital’s objectives.
- The ICOH must formulate and promulgate policies for sound administration, maintenance, and operations of the Hospital.
- The ICOH must appoint a qualified and competent Administrator to manage and run the hospital and must identify the Administrator’s functions and responsibilities.
- The ICOH must determine the hospital’s organizational structure and staffing pattern.
- The ICOH must perform other functions necessary to attain the objectives of the order.
Chairperson and co-chairperson duties
- The Chairperson of the ICOH must establish an office in the OFW Hospital through OWWA to assist in identifying, documenting, processing, and approving applications for benefits granted to OFWs and their qualified dependents.
- The Chairperson of the ICOH must establish, through OWWA and POEA, a referral system within the OFW Hospital to ensure efficient delivery of medical and health care services to OFWs and their qualified dependents, including facilitation and conduct of pre-employment medical examinations of departing OFWs.
- The Chairperson of the ICOH must ensure that existing health benefits and medical assistance programs are strengthened to include subsidies on hospitalization and medical procedures for OFWs and their qualified dependents, subject to availability of funds and resources.
- The Chairperson must perform other functions and duties as the ICOH or the Board of Trustees directs.
- The Co-Chairperson of the ICOH must ensure that necessary permits and licenses to operate the hospital are obtained consistent with all relevant issuances, rules, and regulations.
- The Co-Chairperson of the ICOH must endorse and encourage medical specialists in other government hospitals (including the Philippine Heart Center, National Kidney and Transplant Institute, Lung Center of the Philippines, and Philippine General Hospital) to hold clinics in the OFW Hospital and provide professional services to OFWs and qualified dependents and other patients.
- The Co-Chairperson must perform other functions and duties as the ICOH or the Board of Trustees directs.
Agency support and funding
- OWWA must take appropriate steps to improve the access of OFWs and their dependents to health care services, including the grant of benefits and medical assistance programs, subject to availability of funds and relevant laws, rules, and regulations.
- All other government agencies, departments, bureaus, offices, instrumentalities, and other government-owned or -controlled corporations must render assistance to the ICOH and the Board of Trustees to implement the order effectively.
- The necessary funding for establishment and initial operation of the OFW Hospital must be charged against available appropriations of the DOLE.
- After initial operation, the ICOH or the Board of Trustees must coordinate with DBM to ensure that subsequent funding requirements for implementing the order are included in the annual General Appropriations Act, subject to the usual budget process.
Reporting, separability, and repeal
- The ICOH or the Board of Trustees must submit to the President through the Executive Secretary an annual report on implementation of the order.
- If any provision of the order is declared invalid or unconstitutional, the remaining provisions not affected must continue in full force and effect.
- All orders, rules, regulations, and issuances inconsistent with the order must be repealed or modified accordingly.