Title
Re-centralization of Hospital Licensure by DOH
Law
Doh Administrative Order No. 2010 - 0035
Decision Date
Dec 14, 2010
DOH Administrative Order No. 2010-0035 mandates the re-centralization of the licensing and regulatory functions for the issuance of Permits to Construct and Licenses to Operate for Level 3 and Level 4 hospitals back to the Bureau of Health Facilities and Services, aiming to standardize and streamline the hospital licensure process nationwide.

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.

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