April 27, 2022
REPUBLIC ACT NO. 11712
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 THEREFOR
SECTION 1.Short Title. — This Act shall be known as the "Public Health Emergency Benefits and Allowances for Health Care Workers Act."
SECTION 2.Declaration of Policy. — The State recognizes the critical role of health care workers in providing quality health care to and ensuring disease prevention in the general population, especially in times of national public health emergencies. To this end, the State shall reciprocate by promoting their welfare through the grant of mandatory benefits and allowances with utmost efficiency.
SECTION 3.Definition of Terms. — For purposes of this Act:
(a)Health facilities shall refer to any public or private institution with health care as their core service, function or business. Health care pertains to the maintenance or improvement of the health of...
Definitions (Section 3):
- Health facilities: Public or private institutions providing health care services, licensed or designated by DOH for COVID-19 and future public health emergency response.
- Health care and non-health care workers: All personnel employed in hospitals, health facilities, laboratories, treatment/monitoring facilities, or vaccination sites involved in COVID-19 response, including outsourced personnel and Barangay Health Workers.
- Public health emergency: An occurrence or imminent threat of an illness or health condition of national scale caused by bioterrorism, infectious agents, natural disasters, chemical/nuclear attacks or accidents, posing high probability of deaths, injuries, exposure to infectious/toxic agents, or trade/travel restrictions.
- Risk exposure categorization: Low risk (administrative duties), medium risk (direct physical care to general public), and high risk (direct care to COVID-19 patients involving aerosol-generating procedures).
Coverage (Section 4):
- Applies to all health care and non-health care workers during COVID-19 or other declared public health emergencies of national scale, from the time of declaration until lifted by the President.
Benefits and Allowances (Section 5):
- Health Emergency Allowance (HEA) per month based on risk exposure: Low risk - at least P3,000, Medium risk - at least P6,000, High risk - at least P9,000. HEA may be increased by DOH with approval from the President and DBM.
- Compensation for COVID-19 contraction in line of duty: Death - P1,000,000 to heirs, Severe/critical case - P100,000, Mild/moderate case - P15,000.
- Full PhilHealth coverage for direct health care costs of hospitalized workers due to COVID-19.
- Regular testing of workers as necessary, fully covered by PhilHealth.
Retroactivity (Section 6):
- Benefits shall have retroactive application from July 1, 2021 and remain in effect during the declared public health emergency.
Non-Diminution of Benefits (Section 7):
- The Act shall not reduce any existing allowance and benefit under other laws, decrees, executive orders, or contracts/agreements.
Grievance Mechanism (Section 8):
- DOH shall issue guidelines for an ad hoc grievance board to receive, investigate, adjudicate, and recommend actions on complaints related to failure of granting benefits.
Appropriations (Section 9):
- Funds shall be charged against available appropriations of DOH and sources identified by DBM. Continuous implementation and deficiency funding for 2021 and 2022 shall be included in the General Appropriations Act (GAA). The President is authorized to reprogram, reallocate, and realign unreleased appropriations and unobligated allotments, except for infrastructure and social assistance projects, to augment available appropriations for COVID-19 benefits and allowances.
Implementing Rules and Regulations (Section 10):
- DOH, DBM, and DOF shall promulgate the implementing rules and regulations within 60 days after the Act's effectivity. Non-promulgation shall not prevent immediate implementation.