Law Summary
Objective
- Decentralize DOH-PTC application processing to Regional Offices for selected health facilities.
- Harmonize all PTC-related issuances to standardize processes.
Scope
- Applies to all government and private hospitals and other health facilities applying for DOH-PTC.
Key Definitions and Acronyms
- Provides detailed definitions relevant to licensing such as:
- Add-on Services: healthcare services beyond existing facility capability.
- Ambulatory Surgical Clinic, Birthing Home, Drug Abuse Treatment and Rehabilitation Centers (Residential and Non-Residential), Drug Testing Laboratory, Hemodialysis Clinic.
- Hospital: facilities with 24-hour bed care for diagnosis and treatment.
- License to Operate (LTO): formal authority to operate a hospital or health facility, prerequisite for accreditation.
- Health Facilities Evaluation and Review Committee (HFERC): committee reviewing application compliance.
- Health Facilities and Services Regulatory Bureau (HFSRB): DOH bureau implementing licensure rules.
- Regional Office (RO): DOH regional health offices responsible for decentralized functions.
Implementing Mechanisms
General Guidelines
- DOH-PTC required for various health facilities including hospitals, clinics, birthing homes, drug abuse centers, laboratories, etc.
- Specific facilities under HFSRB jurisdiction vs. Regional Offices outlined for processing.
- HFERC formed for evaluation, comprising qualified architects, physicians, nurses, and other experts.
- Facilities must adhere to existing design and safety laws and use prescribed checklists.
- HFSRB oversees compliance and monitors regional offices.
Procedural Guidelines
- Applicants must submit:
- Completed application forms.
- Proof of ownership or legal registration.
- Architectural plans signed by qualified professionals.
- Approved Certificate of Need (CON) for new general hospitals.
- Floor plans must comply with specific annexed planning and design guidelines.
- Application fees to be paid upon filing.
- HFERC to review submitted documents against technical standards.
- Site inspections may be conducted by a One-Stop Shop Inspection Team.
- Decision on application within 15 working days with issuance of DOH-PTC if approved.
- Applicants may avail of technical assistance if application disapproved and may resubmit without additional fees once.
- Re-application with new fees required after second disapproval.
Schedule of Fees
- Non-refundable application fees required.
- Payments made to DOH Central or Regional Office cashiers via various methods.
- Fees follow existing DOH prescribed schedules from previous AO issuances.
Validity of Permit
- DOH-PTC valid for one year from date of approval.
- Strict compliance with terms and conditions attached to the permit is required.
Violations and Penalties
- Violations of these regulations or related issuances result in issuance of Cease and Desist Orders.
Appeals Process
- Aggrieved parties may file an appeal within 10 days to the Office for Health Regulation (OHR).
- Records and documents are elevated to OHR for decision.
- Final appeal may be made to the Secretary of Health, whose decision is final and executory.
Transitory Provisions
- Pending applications at HFSRB for certain facilities prior to this Order to be acted upon by HFSRB.
- Immediate enforcement of these rules upon approval for new applications.
- Technical training for Regional Office licensing officers to be completed before December 31, 2016.
- Full decentralization for certain facility categories effective January 1, 2017.
- Phased decentralization over three years for Levels 2 and 3 hospitals based on regional capacity.
Repealing Clause
- Amends specific sections of previous Administrative Orders (A.O. Nos. 2010-0035, 2012-0012, and 2014-0036).
- Repeals or modifies provisions inconsistent with this Order.
Separability Clause
- Invalidity of any provision does not affect the validity of the remaining provisions.
Effectivity
- This Order takes effect fifteen days after publication in a newspaper of general circulation.