DOH AO No. 2023-0017
DOH AO No. 2023-0017
Department of Health
OFFICE OF THE SECRETARY
OCT 11 2023
ADMINISTRATIVE ORDER
No.
2023-_00\7
RATIONALE
Republic Act (RA) No. 11712, otherwise known as the “Public Health
Emergency Benefits and Allowance for Health Care Workers Act”, was signed into law
on 27 April 2022. Subsequently, the Department of Health (DOH) published the
Implementing Rules and Regulations (IRR) of the said Act on 26 June 2022.
Il. OBJECTIVES
This shall further apply to the following institutions: Department of Health, and
all its operating units, Regional Offices, and all other public and private healthcare
facilities.
Bldg. 1
San Lazaro Compound, Rizal Avenue, Sta. Cruz, 1003 Manila*Trunk Line 651-7800 local 1108, 1111, 1112, 1113
Direct Line 711-9502, 711-9503 Fax 743-1829 * URL: http://www.doh.gov.ph; e-mail: [email protected]
:
This shall also cover health care workers groups, and health professional
organizations composing the Grievance Board (GB) handling grievances arising from
failure of grant of benefits covered by the law and its IRR.
The following definitions are hereby adopted for the purposes of this AO:
C. Complaint
-refers to a written concern with regard to the failure on the grant of
benefits and allowances under RA 11712. The complaint shall refer to a duly
accomplished Complaint Form herein referred to as Annex “A”.
D. Designated Processing Unit (DPU) - refers to the unit within the health facility
that grants or denies claims of public and private HCWs and non-HCWs covered
by RA 11712.
-
F. Grievance Board (GB) refers to the duly constituted body, authorized to receive,
investigate, adjudicate, and recommend actions to arrive at a settlement of
complaints related to the failure of granting of benefits.
There shall be Central AdHoe Grievance Board (CAGB) and Regional AdHoc
Grievance Board (RAGB).
G. Grievance Mechanism
- of
refers to the process settling complaints related to the
failure of granting the benefits and allowances under RA 11712.
3. Barangay Health Workers (BHWs) who are part of the DOH National BHW
registry system assigned in health facilities, including swabbing and
vaccination sites, and those administering medical assistance, as well as
those assigned in barangay health emergency response teams (BHERTs)
their successor entities.
or
J. Mediation - is a non-adversarial grievance mechanism with the primary objective
of amicable settlement of issues.
GENERAL GUIDELINES
A. All eligible Health Care Workers (HCW) and non- HCWs who failed to receive
their benefits and allowances may avail of the grievance mechanism designed to
address their complaints in an expeditious manner.
1. Composition of CAGB
The CAGB shall be composed of the following members as provided by R.A.
No. 11712:
All members shall have their permanent alternate members, who shall have the
same powers and functions as the regular members.
Composition of RAGB
Each CHD
shall create in its region, a RAGB, to be composed the following:
of
All members shall have their permanent alternate members, who shall have the
same powers and functions as the regular members.
Invitation to Observers
The CAGB/RAGB shall be authorized to invite representatives of health care
workers’ unions and associations to
attend the proceedings as observers, subject
to the guidelines that will be issued pursuant to Item VI.D.6 of this AO. The
observers shall maintain the confidentiality of the proceedings.
x
B. Appointing Authority
The members of the CAGB, regular and alternate, shall be appointed by the
Secretary of Health or the authorized representative. The CHD Director shall
appoint the members of the RAGB in their respective areas. In the case of the
Bangsamoro Autonomous Region in Muslim Mindanao (BARMM), the Ministry
of Health (MOH) shall appoint its counterpart.
d
the Central Office pertaining to the screening process and recommendation for
appointment. The appointment of the Arbitration Officer shall be based on the
recommendation of the Secretary of Labor and Employment or his designated
representative. The appropriate appointment papers shall be coordinated with
DOLE
to be issued for this purpose.
The Central and Regional Grievance Board shall have a secretariat composed of
technical and administrative personnel which shall: x
1. Receive the complaints;
2. Refer the complaints involving matters that cannot be settled
administratively to the Grievance Board;
3. Establish and maintain records and database system of complaints including
their status;
4. Assist in addressing administrative concerns; and
5. Assist the board on all matters related to the implementation of the
Grievance Mechanism.
The Head ofthe Secretariat shall be from the Department of Health as follows:
a. For the CAGB, plantilla personnel from the Administrative Service;
b. For the RAGB, plantilla personnel from the Management Services Division
of the CHDs.
Additional Job Order (JO) Personnel shall be hired to ensure adequate support service
for the Grievance Board.
E. Grievance Mechanism Procedure (flowchart attached as Annex B)
For complaints that fall under the exclusion, the GB Secretariat shall provide
a
the necessary guidance, such as provision of list of documentary requirements
for incomplete claims, or directing them to the correct office in cases of claims
for benefits not included in RA 11712.
The decision of the CAGB/RAGB, as the case may be, shall be final,executory,
and non-appealable. The copies of the Decision shall be furnished to the DPU
for execution, and to the parties for information.
The CAGB/RAGB may formulate its own supplemental guidelines and manual
of operations as deemed necessary for the effective implementation of this
guideline.
Y
evidence;
Remand the complaint to the GB Secretariat, as deemed appropriate;
a9
Render Decision on all
grievances received; and
e. Perform such other functions necessary and incidental to the discharge of
to
its function and duty investigate the complaints.
In exercising its adjudicatory powers, the GB shall decide the case based on
merits and shall render a Decision supported by evidence and legal basis.
A. The DOH - Administrative Service shall be the lead office in the implementation of
this AO and shall have the following duties:
1. Ensure the attendance of the appointed grievance officer and the arbitration
officer, in coordination with DOLE, in
the CAGB meetings;
Facilitate the conduct of the screening of the representatives from the health
professional organizations, guided by a separate issuance;
The DOH, in coordination with DOLE, may issue additional and/or supplemental
in
guidelines order to effectively implement this general guideline. The pro forma forms may
likewise be modified as necessary.
IX. RESOLUTION OF ISSUES
Questions and issues arising from the interpretation of this guideline shall be
addressed and resolved by the DOH Administrative Service, in consultation with
DOLE,
as necessary.
FUNDING
The funds necessary for the operations of the CAGB, including but not limited
to the salary of the JO personnel, meals and snacks, and other incidental expenses, shall
be charged against available funds of the Office of the Secretary, while the funds
necessary for the operations of the RAGB shall be charged against respective CHDs,
subject to existing budgeting, accounting, and auditing rules and regulations.
In the event that any part, sections or provision of this guideline is declared
invalid or unconstitutional by a competent court of jurisdiction, the other provisions of
this guideline, insofar as they are separable from the invalid ones, shall remain in full
force and effect.
This General Guideline shall take effect after fifteen (15) days following its
publication in a newspaper of general circulation and upon filing of three (3) certified
copies to the Office of the National Administration Register, University of the
Philippines Law Center.
ORO J. HERBOSA
ecretary of Health
Department of Health
ANNEX A
COMPLAINT FORM
Details:
CLAIMANT
/ DATE SUBMITTED
(Signature over Printed Name)
Date Signed
Action Taken/Resolution by the GB Secretariat
(to be filled out by the GB Secretariat)
ANNEX B
—
Grievance Mechanism Procedure
PROCESS FLOW
(Section
Duly accomplished
complaint form
Detemnine
if it falls
The GB Secretariat/Receiving Officer within the
VLE)
will receive the complaint form scope and
coverage of
this Order The GB Secretariat will
recommend an action based
on 2nd Paragraph of
VLE)
Grievance
GB
L
Secretariat
©
classifies the |
complaint as
‘Administrative
Concem
GB Secretariat shall refer the
complaint to the CAGB/RAGB
| GB Secretariat
provide the necessary
shall
GD
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Mediation
>)
The decision of the The copies of the
CAGB/RAGB, as the Decision shall be
case may be, shall be furnished to the DPU for ——+C_
final, executory, and execution, and to the
non-appealable. parties for information.