Policy and constitutional basis
- The order anchors health protection on the 1987 Philippine Constitution, emphasizing that health is a human right.
- The order cites Article III, Section 15 to require the State to protect and promote the right to health and instill health consciousness.
- The order cites Article XIII, Section 11 to require the State to adopt an integrated and comprehensive approach to health development and make essential health services available to all at affordable cost.
- The order frames its charity-bed requirement as a means to improve affordability and accessibility of hospital services for the poor, particularly where private hospitals previously had no charity-bed allocation rule.
Objective and coverage
- The order establishes guidelines for the mandatory allocation of a certain percentage of authorized bed capacity of private hospitals as charity beds.
- The order applies to all private hospitals under Section III.
- The order governs licensure-related allocation of charity beds, under Section V(A).
Core definitions for charity beds
- A Charity Bed is a hospital bed specifically and solely allocated for the confinement of indigent patients or patients classified as Class C or D patients, as defined in Administrative Order No. 51-A s. 2000.
- An Indigent Patient is a patient certified as indigent by a municipal social worker in the municipal social worker’s absence by any of the following: barangay chairman, municipal/city health officer, medical social worker, or chief of the nearest district, city or provincial hospital.
- A Private Hospital is a hospital that is privately owned, established and operated with funds through donation, principal, investment, or other means, by any individual, corporation, association, or organization.
Mandatory charity-bed allocation rule
- For purposes of licensure, all private hospitals must allocate not less than ten percent (10%) of their authorized bed capacity as charity beds.
- Charity beds must be devoted to:
- Patients who satisfy the criteria for Class C and D patients as defined in Administrative Order No. 51-A s. 2000; or
- Indigent patients as defined in the order.
- The charity-bed allocation is treated as a licensure requirement for private hospitals.
Who may be confined in charity beds
- Charity beds are reserved for patients meeting either:
- the Class C or Class D criteria under Administrative Order No. 51-A s. 2000; or
- the order’s Indigent Patient definition based on certification by the specified health and social welfare officers.
- Charity beds must remain specifically and solely allocated for these purposes.
Violations and sanctions framework
- Violations of the order are treated as violations of existing rules and regulations governing registration, licensure and operations of hospitals under Administrative Order No. 147 s. 2004 as amended by:
- Administrative Order No. 2005-0029,
- Administrative Order No. 2007-0021 (Harmonization and Streamlining of the Licensure System for Hospitals), and
- Administrative Order No. 2007-0022 (Violations Under the One-Stop Shop Licensure System for Hospitals).
- Violations are subject to sanctions as defined in Administrative Order No. 2007-0022.
Repealing, separability, and effectivity
- Any provisions from previous issuances that are inconsistent or contrary to the order are rescinded and modified accordingly under Section VII.
- If any provision or part of the order is declared unauthorized or invalid by any court of law or competent authority, the provisions not affected remain valid and effective under Section VIII.
- The order’s effectivity is governed by Section IX, taking effect fifteen (15) days after its approval and publication in the official gazette or a newspaper of general circulation.