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Executive Order No. 195 (1994)
WHEREAS, the Philippine Medical Care Commission, the Department of Labor and Employment thru the Overseas Workers Welfare Administration and the Philippine Overseas Employment Administration, the Department of Foreign Affairs, and the Social Security System have enough facilities and manpower to ensure the effective and efficient medical care coverage of the Filipino Overseas Contract Workers and their dependents under a program similar to Program I of the Philippine Medical Care Plan;
Sec. 1. Filipinos recruited for employment abroad, herein referred to as Filipino Overseas Contract Workers or members, shall be compulsorily covered by the Philippine Medical Care Program pursuant to Section 31 of P.D. 1519, as amended, otherwise known as the Philippine Medical Care Law, without having to enroll themselves as SSS members.
Sec. 2. Dependents of Filipino Overseas Contract Workers shall also be covered with Medicare benefits through the membership of the latter.
Sec. 3. The premium contributions and benefits of the Filipino Overseas Contract Workers and their dependents shall be the same as those provided for SSS members under Program I of the Philippine Medical Care Plan.
Sec. 4. The compulsory coverage shall not apply to Filipino Overseas Contract Workers with existing coverage of the Philippine Medical Care Program acquired thru the SSS voluntary basis coverage pursuant to Section 9(b) of R.A. 1161, as amended, known as the SSS Law.
Sec. 5. The Rules and Regulations Implementing the Philippine Medical Care Commission, insofar as they are not inconsistent with this Order, shall also apply to the Medical Care Program coverage of the Filipino Overseas Contract Workers.
Sec. 6. The services, facilities, and the staff of the PMCC, SSS, DOLE thru OWWA and POEA, and the DFA shall be utilized for the implementation of this Order. Rules and Regulations defining the powers and functions of the said agencies and such other provisions necessary to implement this Order shall be adopted by the agencies thru a Memorandum of Agreement signed by the respective heads of Agencies.
Sec. 7. The OWWA shall provide the seed money necessary to start the operations of this program as shall be determined thru actuarial computations. The OWWA shall administer the funds of the program which shall be kept distinct and separate from all funds administered by the said agency.
Sec. 8. This Executive Order shall take effect immediately.
Done in the City of Manila, this 13th day of August in the year of Our Lord, nineteen hundred and ninety four.
IMPLEMENTING THE RULES AND REGULATIONS OF THE MEDICAL CARE PROGRAM FOR FOCWS
Pursuant to Section 6 of Executive Order No. 195 PROVIDING A MEDICAL CARE PROGRAM TO FILIPINO OVERSEAS CONTRACT WORKERS (FOCWS) AND THEIR DEPENDENTS AND PRESCRIBING THE MECHANISM THEREFORE, the rules and regulations necessary to carry out the provisions and purposes of said Executive Order are hereby promulgated as follows:
RULE I. DEFINITION OF TERMS
Sec. 9. APPEAL. The party who is not satisfied with the decision of the Commission/OWWA may appeal the same to the Office of the President in accordance with the procedure established under Administrative Code of 1987.
RULE XIII. EXECUTION/ENFORCEMENT OF DECISION
Sec. 10. FINAL PROVISIONS.
a. When one single act constitutes or results to two or more violations, or when the violation is a necessary means of committing the other violation, the high penalty for the more serious violation shall be imposed.
b. Pendency of a complaint before the Commission of a decision thereon shall not bar a separate independent criminal action and/or appropriate action before any board, office, tribunal or court against the erring respondent and vice-versa.
c. When a hospital has ceased operations or the practitioner stops his practice before serving its/his penalty, execution shall be deferred, to be implemented when the same owner or medical director opens or operates a new hospital irrespective of the name or location or when the practitioner practices again. A spouse or a relative within the second degree of consanguinity of the hospital owner or medical director shall be presumed the alter-ego of the owner or medical director;
Provided, that the dispositive part of resolution requiring reimbursement of paid claim or denial of payment shall be immediately executory, notwithstanding the motion for reconsideration.
d. Violations and penalties shall prescribe as follows:
1. Violations punishable by revocation of accreditation with non-accreditation for twenty-four (24) months or permanent revocation with recommendation to the Department of Health for cancellation of license to operate shall be prescribe in five (5) years.
2. The period of prescription of violations shall commence from the day the violation is discovered by the complainant and shall be interrupted by the filing of the complaint/memorandum and shall commence if there is a failure to act within a reasonable time which should not be more than one (1) year. The term of prescription shall not run when the erring respondent is not in the Philippines or when he/it cannot be served with summons due to his/its fault.
Sec. 11. These rules and regulations shall take effect upon publication in at least two (2) newspapers of national circulation.
November 14, 1994