Law Summary
Objective
- Reestablish a One-Stop Shop Licensure System at DOH Central Office to standardize PTC evaluations and regulation of Level 3 and Level 4 hospitals nationwide.
Scope and Coverage
- BHFS handles issuance of PTC for all hospital levels, issuance of LTO for all new hospitals, changes in existing LTOs, and renewal of LTO for Level 3 and Level 4 hospitals.
- CHDs retain renewal of LTO for Level 1 and Level 2 hospitals.
Definition of Key Terms
- Applicant: Hospital applying for Permit to Construct and LTO.
- BHFS: Bureau of Health Facilities and Services.
- CHD: Center for Health Development.
- DOH: Department of Health.
- DOH-PTC: DOH-issued Permit to Construct, prerequisite for LTO, required for new construction, alterations, expansions, reclassification, or bed capacity increases.
- LTO: License to Operate issued by DOH for hospital operation; prerequisite for accreditation.
- One-Stop Shop Licensure: DOH strategy to harmonize hospital and ancillary facility licensure.
General Policies
- DOH Central Office via BHFS shall implement licensure for new hospitals and renewal of Level 3 and 4 hospitals LTOs.
- Secretary of Health or authorized representative issues all new and renewal LTOs covered by BHFS jurisdiction.
- CHDs continue handling renewal of Level 1 and 2 hospital LTOs.
Organizational Structure of One-Stop Shop
- Secretariat located at DOH Central Office, staffed by BHFS and FDA personnel full-time.
- Overseen by BHFS Director IV.
- Secretariat trained to evaluate applications, answer queries, and perform related duties.
- Secretariat at CHD supervised by regulation division chief.
Permit to Construct Process
- Health Facility Establishment Review Committee (HFERC) created under BHFS to review PTC applications.
- HFERC composed of technical experts including physician, nurse, architect/engineer, and others.
- HFERC must act within 5 working days upon receiving complete application and required documents.
- All PTC applications submitted to DOH Central Office.
Licensing Process for New License to Operate
- Process governed by administrative guidelines from previous DOH administrative orders.
- One-Stop Shop secretariat processes and presents applications for Secretary of Health’s signature.
- LTO and documents endorsed to BHFS Records Unit for release.
- LTO validity set at one (1) calendar year (January 1 to December 31).
Licensing Process for Renewal of License to Operate
- DOH Central Office renews Level 3 and Level 4 hospital LTOs.
- CHDs renew Level 1 and Level 2 hospital LTOs.
- LTO considered lapsed if not renewed within 90 calendar days after expiration.
- Lapsed license results in automatic cancellation and requires re-application including new PTC.
Monitoring
- BHFS, FDA, and CHDs to conduct intensified unannounced monitoring visits.
- Frequency set by concerned offices.
Records and Reporting
- CHDs to provide BHFS with status reports on violations and annual hospital statistics during transition from decentralization to recentralization.
Fees
- Applicants pay fees at DOH Central Office cashier or CHD cashier depending on hospital level and service.
- Fees follow schedules set under previous DOH administrative orders.
Investigation, Hearings, and Appeals
- Investigations of complaints regarding Level 3 and Level 4 hospitals conducted by concerned regulatory Bureau.
- Hospitals denied LTO or subject to suspension/revocation may file motion for reconsideration.
- Appeals of denial or final decision escalate to Office of the Secretary within ten (10) days.
- Secretary’s decision is final and executory.
Violations and Penalties
- Fines and sanctions follow established guidelines from previous DOH administrative orders.
- Suspension or revocation orders for Level 3 and 4 hospitals issued by Secretary of Health or authorized representative and enforced by BHFS.
Transitory Provisions
- CHDs must submit inventory reports of pending PTC and LTO applications for Level 3 and 4 hospitals to BHFS upon effectivity.
- New applications for hospital PTC, initial LTO, and renewals for Level 3 and 4 hospitals directed to BHFS.
- Provisions are temporary; decentralization may resume upon meeting specified conditions.
Repealing Clause
- Previous inconsistent or contrary administrative issuances are rescinded or modified accordingly.
Separability Clause
- If any part of the Order is declared invalid, unaffected provisions remain valid and effective.
Effectivity
- Order takes effect fifteen (15) days after approval and publication in a newspaper of general circulation.