Law Summary
Key Definitions
- Health Facilities: Institutions primarily engaged in health services, including DOH offices and licensed facilities involved in public health emergency response.
- Health Care and Non-Health Care Workers: Includes medical, allied medical, administrative, technical, support personnel, outsourced workers exposed to health risks, and registered Barangay Health Workers engaged in health emergency activities.
- Public Health Emergency: An event or threat on a national scale caused by bioterrorism, infectious agents, disasters, chemical/nuclear attacks, posing significant risks such as large fatalities or injuries and international health impact.
- Risk Exposure Categorization: Low (administrative, non-public areas), Medium (direct care to non-COVID patients), High (direct care involving aerosol-generating procedures or specimen handling from COVID-19 patients).
Declaration of Policy
- Recognizes vital role of health workers during public health emergencies.
- Commits State to promote health workers' welfare through mandatory benefits.
Benefits and Allowances
- Health Emergency Allowance (HEA): Monthly payment based on risk levels.
- Low Risk: ₱3,000.
- Medium Risk: ₱6,000.
- High Risk: ₱9,000.
- HEA is additional to existing benefits and prorated if service is below 96 hours/month.
- Under Presidential and DBM consultation, HEA amounts may be increased.
Compensation Package for COVID-19 Infection
- Death: ₱1,000,000 to heirs.
- Severe or critical illness: ₱100,000.
- Mild or moderate illness: ₱15,000.
- Compensation paid within 3 months post-confinement or death upon full documentation.
- Future emergencies may see adjusted categorizations and compensation.
Health Insurance and Testing
- Full PhilHealth coverage for hospitalized workers due to COVID-19.
- For future emergencies, PhilHealth coverage subject to fund availability and HTAC recommendations.
- Regular testing coverage by PhilHealth as needed determined by DOH.
Retroactivity and Non-Diminution
- Benefits retroactive from July 1, 2021.
- Does not reduce existing benefits under existing laws (e.g., Magna Carta of Public Health Workers).
Grievance Mechanism
- DOH to establish ad hoc grievance boards:
- Three members: a DOH-appointed officer, a health professional organization representative, and a DOLE arbitration officer.
- Regional boards established in DOH regional offices.
- Boards handle complaints about benefits non-granting, investigate and recommend resolutions.
Funding and Appropriations
- Initial funding from DOH appropriations and funds identified by DBM.
- Continued funding included in General Appropriations Act.
- President authorized to reprogram, reallocate, or realign unreleased appropriations to fund benefits except funds for infrastructure and social assistance.
- DBM to release payments consistent with the Act.
Implementation Rules
- DOH, DBM, and Department of Finance to issue implementing rules within 60 days.
- Non-promulgation does not delay immediate enactment.
Other Legal Provisions
- Separability Clause ensures unaffected provisions remain valid if others declared unconstitutional.
- Repealing Clause invalidates laws inconsistent with this Act.
- Effectivity: 15 days after publication in Official Gazette or general circulation newspaper.