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Republic Act No.

11712
Public Health Emergency Benefits and Allowances
for Health Care Workers Act

Management Services Team


02 August 2022
BACKGROUND
REPUBLIC ACT NO. 11712: Public Health Emergency
Benefits and Allowances for Health Care Workers Act

• An act granting mandatory continuing benefits and allowances


to public and private health care workers during the COVID-
19 pandemic and other future public health emergencies, and
appropriating funds therefore

Department of Health, Philippines


BACKGROUND
MC NO. 2022-0031: Implementing Rules and
Regulations of Republic Act No. 11712 known as
the Public Health Emergency Benefits and
Allowances for Health Care Workers Act

• Provided for the IRR of RA No. 11712

Department of Health, Philippines


SALIENT FEATURES

Department of Health, Philippines


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1. Expanded population covered to include:

• Outsourced personnel hired under institutional or individual COS or JO basis


• Public and private HCWs and non-HCWs assigned in health facilities or health-related
establishments involved in COVID-19 response in line with the NAP against COVID-19 PDITR+
strategy or other national public health emergency as declared by the President
• Duly-accredited and registered Barangay Health Workers (BHW) in the National BHW
Registry involved in COVID-19 response

Department of Health, Philippines


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Exclusions:
• Consultants and experts engaged for a limited period to perform specific activities or services
with expected outputs EXCEPT medical consultants as mention in Section 6.1.1.b of IRR of RA
No. 11722;
• Laborers engaged through job contracts (pakyaw) and those paid on piecework basis;
• Volunteers, student workers and apprentices;
• Individuals, and groups of individuals whose services are engaged through COS or JO,
including BHWs, who are NOT assigned in health facilities involved in COVID-19 response or
other national public health emergency as declared by the President;

Department of Health, Philippines


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Exclusions:
• HCWs and non-HCWs assigned in health-related establishments NOT duly licensed or
designated by the DOH for COVID-19 or national public health emergency as declared by the
President;
• Those personnel who are in work-from-home arrangements for the entire month;
• Those who are under quarantine and/or treatment due to COVID-19 and have not rendered
actual physical services in health facilities for the entire month;

Department of Health, Philippines


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2. Encompassing all public health emergencies as declared by the President

Public Health Emergency

• An occurrence or imminent threat of an illness or health condition of national scale that is caused by
any of the following:
o Bioterrorism
o Appearance of a novel or previously controlled or eradicated infectious agent or biological toxin
o Natural disaster
o Chemical attack or accidental release
o Nuclear attack or accident
o An attack or release of radioactive material

Department of Health, Philippines


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• AND poses a high probability of any of the following:


o Large number of deaths in the affected population
o Large number of serious injuries or long-term disabilities in the affected population
o Widespread exposure to an infectious or toxic agent that poses a significant risk of substantial harm to a large
number of people in the affected population
o International exposure to an infectious or toxic agent that poses a significant risk to the health of citizens of
other countries; or
o Trade and travel restrictions

Department of Health, Philippines


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3. Risk exposure categorization

• Low risk: HWs performing administrative duties in non-public areas of health facilities, away from
other staff members or away from patients, otherwise known as “clean areas”

• Medium risk: HWs within the health facility that are providing direct physical care to the general
public who are not known or suspected COVID-19 patients and working at busy staff work areas
within a health facility

• High risk: HWs entering a COVID-19 patient’s room to directly provide care for patients involving
aerosol generating procedures, dental procedures and exams, or invasive specimen collection, as well
as those handling specimen from known or suspected COVID-19 patients

Department of Health, Philippines


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4. Grant of Health Emergency Allowance

• Shall be given for every month of service during the state of PHE based on risk exposure, as
follows:
Low Risk: at least Php 3,000
Medium Risk: at least Php 6,000
High Risk: at least Php 9,000

• Released monthly in addition to existing benefits that the HCW and non-HCW receive, provided that
the HEA shall be released in full if the HCW or non-HCW physically renders services for at least
ninety-six hours in a month, otherwise the benefit shall be prorated

Department of Health, Philippines


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Health Emergency Allowance shall replace and NOT be on top of the One COVID-19 Allowance
(OCA).

The allowance provided herein shall be subject to existing taxation laws.

Department of Health, Philippines


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5. Compensation to those who have contracted COVID-19 in the line of duty

• In case of death of the covered individual: Php 1,000,000 to the heirs


• In case of severe or critical illness: Php 100,000
• In case of mild or moderate sickness: Php 15,000

The compensation provided shall be given not later than 3 months after the date of confinement or
death, upon submission of complete and compliant documentary requirements.

Department of Health, Philippines


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5. Full Philhealth coverage for direct healthcare costs of hospitalized health care and non-health
care workers due to COVID-19

For future national PHE, PHIC coverage for direct health care costs shall be subject to fund availability
and the Health Technology Assessment Council (HTAC) assessment and recommendation

Department of Health, Philippines


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6. Included regular testing of health care and non-health care workers, as often as necessary, to be
determined by the DOH which shall be fully covered by Philhealth

Department of Health, Philippines


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7. Retroactive effectivity from July 01, 2021 and shall remain in full force and effect during the
state of national public health emergency as declared by the President

For future national public health emergency declared by the President, the DOH may formulate a
new set of risk exposure classification.

For purposes of future public health emergencies, the DOH and the DBM, subject to the approval
of the President, may modify the case categorization and compensation.

Department of Health, Philippines


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8. Included section on Non-Diminution of Benefits


Nothing in this Act shall be construed to reduce any existing allowance and benefit under Republic Act
No. 7305 or the Magna Carta of Public Health Workers, and other existing laws, decrees, and issuances,
executive orders, and contracts or agreements between HCW and non-HCW and employers

Department of Health, Philippines


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8. Included section on establishment of grievance mechanism


Creation of an ad hoc grievance board which shall receive, investigate, adjudicate, and recommend
actions to arrive at settlement of complaints related to the failure of granting benefits. The grievance
board shall be composed of the following:

● One grievance officer appointed by the DOH


● One representative from health professional organizations
● One arbitration officer from DOLE exercising jurisdiction where hospital concerned is located

The DOH shall also create regional ad hoc grievance boards in the DOH regional offices.

Department of Health, Philippines


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Scope of the Grievance

● Grievable issues covered by this IRR

● EXCLUDED from this scope:

 Delay in the payment and prioritization of claims due to incomplete and non-compliant submission
of documentary requirements;

 PhilHealth payments not related to the grant of benefits and compensation covered by RA NO.
11712;

 Claims for other benefits and compensation provided under other laws; and

 Conflicting claims of the heirs of beneficiaries.

Department of Health, Philippines


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9. Appropriations

The amount necessary for the implementation of the said law shall be charged against the available appropriations of
the DOH and any sources available as may be identified by the DBM. Thereafter, the amount necessary for its
continuous implementation during the state of national public health emergency, including any deficiency in the
funding of the COVID-19 benefits and allowances incurred during the period of July 1, 2021 until the period of state
of national public health emergency is in effect, shall be included in the General Appropriations Act (GAA) subject
to existing budgeting, accounting and auditing rules and regulations.

Department of Health, Philippines


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9. Appropriations
Further, as provided under the aforecited Section, notwithstanding the provisions under Section 69 of Republic Act No. 11518, or the Fiscal
Year (FY) 2021 GAA, as amended by Republic Act No. 11640, and Section 75 of Republic Act No. 11639, or the FY 2022 GAA, the
President is authorized to exercise powers that are necessary and proper to undertake and implement the grant of COVID-19
benefits and allowances under this IRR, and reprogram, reallocate, and realign unreleased appropriations and unobligated
allotment under the executive department, including government-owned or -controlled corporations, in the FYs 2021 and 2022
GAAs as may be necessary to augment the available appropriations for the grant of COVID-19 benefits and allowances under this
Act: IRR of RA No. 11712. Provided, That unreleased appropriations and unobligated allotments for infrastructure and social assistance
projects shall not be discontinued, reprogrammed, reallocated, or realigned for the above purpose. Any programs, activities or projects
(P/A/P) declared as savings for this purpose may be revived and proposed for funding in the subsequent GAAs, as necessary.

Department of Health, Philippines


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10. Effectivity

Shall take effect immediately after its publication in the Official Gazette or in a newspaper of general
circulation (June 28, 2022) with three (3) certified copies to be filed with the Office of the National
Administrative Register (ONAR )of the University of the Philippines Law Center.

Department of Health, Philippines


Maraming salamat po!
DOH WV HRMO

Email add: dohro6hrmo@gmail.com

HRM Office CellPhone No.


0963-767-5558

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