Republic of the Philippines

Department of Health
OFFICE OF THE SECRETARY
OCT 11 2023

ADMINISTRATIVE ORDER
No.
2023-_00\7

SUBJECT : Guidelines on the Establishment of Grievance Mechanism

Pursuant to Section 11 of the Implementing Rules and
Regulations of Republic Act No. 11712 known the “Public
Health Emergency Benefits and Allowances for Health Care
as
Workers Act”

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.

Section 11 of the IRR mandates the establishment of a grievance mechanism

that will receive, investigate, adjudicate, and recommend actions arrive at settlement
of complaints related to the failure of granting the benefits and allowances for eligible
to
health care workers (HCWs) and non-HCWs. Such mechanisms likewise constitute the
creation of the Central Ad hoc Grievance Board (CAGB) and Regional Ad hoc
Grievance Boards (RAGB). Further, the use of alternative dispute resolution (ADR)
recognized as a means of resolving concerns, complaints, or grievances arising from
is
the failure to grant benefits and allowances to
eligible HCWs and non HCWs.

As such, this general guideline shall be issued by DOH, coordination with

the Department of Labor and Employment (DOLE) to implement and govern the
in
establishment of grievance mechanism for COVID-19 benefits and allowances
pursuant to
the aforesaid Act and its IRR.

Il. OBJECTIVES

This General Guideline is

issued to provide for the establishment a responsive
grievance mechanism pursuant to RA 11712 and its IRR, as well as to prescribe the
of
process for
availing of the said mechanism.

Ill. SCOPE AND COVERAGE

These guidelines shall apply to

all public and private HCWs and non-HCWS
health facilities and health-related establishments, regardless of employment status
in
eligible for the grant of health care worker benefits and allowances as stipulated in RA
11712.

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: dohosec@doh.gov.ph
:
 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.

In the case of the Bangsamoro Autonomous Region in Muslim Mindanao

(BARMM), the adoption of this Order shall be in accordance with R.A. 11054
(Bangsamoro Organic Act) and the subsequent laws and issuances
Bangsamoro Government.
to
be issued by the

Iv. DEFINITION OF TERMS

The following definitions are hereby adopted for the purposes of this AO:

A. Administrative Concerns - refers to complaints involving matters that can be

settled administratively through the assistance of the Grievance Board Secretariat,
such as provision of a 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.

B. Adjudicate - refers to determining, resolving, and settling the finality of the

complaints of public and private HCWs and non-HCWs.

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.

E. Grievance - refers to complaints involving matters that cannot be settled

administratively through the assistance of the Grievance Board Secretariat.

-
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.

H. Grievance Board Secretariat - refers to the receiving officers of the Grievance

Board from the Administrative Service of the Central Office (CO) and Management
Services Division of the Centers for Health Development (CHDs).

I. Health Care Workers (HCWs) and Non-Health Care Workers (Non-HCWs)-

refer to any of the following, based on the IRR of RA No. 11712:
 1. All public and private medical, allied medical, administrative, technical,
support, and other necessary personnel employed by and assigned in
hospitals, health facilities, laboratories, medical or temporary treatment and
monitoring facilities, or vaccination sites who are involved in COVID-19
response;

2. Outsourced personnel hired under an institutional or individual contract of

service
or
job order basis who are similarly exposed to COVID-19;

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.

Issues subject to grievance mechanisms under this guideline shall be limited to

those arising from the denial of claims for payment and other issues related to the
payment of
benefits or allowances under RA 11712.

The following issues are EXCLUDED from this scope:

1. Delay in the payment and prioritization of claims for benefits and
allowances due to incomplete and non-compliant submission of
documentary requirements;
2. PhilHealth payments not related to the grant of benefit and compensation
provided by RA No. 11712;
3. Claims for other benefits and compensation given under other laws; and
4. Conflicting claims of the heirs of the beneficiaries.

To implement the grievance mechanism, the following Grievance Boards shall be

created: a) Central Ad Hoc Grievance Board (CAGB); b) Regional Ad Hoc
Grievance Board (RAGB).

Complaints relating to administrative matters shall be treated as Administrative

Concerns to be addressed by the GB Secretariat, such as request for assistance,
follow-up, status of release and other operational concerns with regard to the grant
of benefits and allowances under RA 11712.
The decision of the Grievance Board shall be final and executory.
Vi SPECIFIC GUIDELINES

A. Creation of Grievance Boards

The Grievance Boards shall be constituted as follows:

1. Composition of CAGB
The CAGB shall be composed of the following members as provided by R.A.
No. 11712:

a. One (1) Grievance Officer appointed by the DOH Central Office;

b. One (1) Representative from the health professional organizations; and
c. One (1) Arbitration Officer from the Department of Labor and Employment
(DOLE) Central Office.

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

a. One (1) Grievance Officer appointed by the CHD Regional Director;

b. One (1) Representative from the health professional organizations
recognized employee’s association; and
or
c. One (1) Arbitration Officer from the DOLE Regional Office exercising
jurisdiction where the health facility concerned is located.

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.

The CAGB Grievance Officer shall be appointed by the Secretary of Health

upon the recommendation of the Office for Legal Affairs. The RAGB Grievance
Officer shall be appointed by the CHD Director.

The appointment of the representative from the health professional organization

or employee’s association shall be subject to a separate guideline to be issued by

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.

C. Qualifications of Members of the Grievance Board

The members of the grievance boards to be appointed must possess the following
qualifications:

1. Grievance Officer appointed by the DOH

a. Must be occupying
a plantilla position; and
b. Preferably with experience as a member of a grievance board or committee
or at least have an experience as a sitting member of any committee, board,
or any other collegial bodies within the DOH.

2. Representative from the health professional organizations or recognized

employee’s association
a. Must be a member inand
good standing and duly endorsed by the organization
being represented;
b. Preferably with experience in Alternative Dispute Resolution or Conflict
Resolution

3. Arbitration Officer from DOLE

Subject to the existing policies of DOLE, the arbitration officer must have a
proven track record in conducting arbitration, who may be a lawyer, or organic
personnel performing arbitration, or accredited arbitrator.

D. Grievance Board Secretariat

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)

1. A duly accomplished complaint form shall be submitted to the GB Secretariat,

in accordance with Section VI. (f). The Complaint Form shall be received and
evaluated by the GB Secretariat to determine if it
is an administrative concern
or grievance that falls within the scope and coverage of this guideline.

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.

For Administrative Concerns, GB Secretariat shall provide the necessary

assistance to the client in coordination with the appropriate DPU.

For Grievance, the GB Secretariat shall refer the complaint to the

CAGB/RAGB.

The CAGB/RAGB shall meet at least twice a month, or as may be deemed

necessary to effectively discharge the following functions:

a. To adjudicate and decide on the grievances; and

b. To conduct mediation of grievances, as
applicable.

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.

F. Venue of Filing and Jurisdiction of the CAGB and RAGB

Designated Processing Units Venue of Filing Jurisdiction

1. DOH - Central Office GB Secretariat -|CAGB

2. DOH Units Administrative Service
a. Bureau of Quarantine of the Central Office
(BOQ);
b. DOH Retained, DOH
Specialty Hospitals,
Sanitaria, and Treatment
and Rehabilitation Centers
(TRCs) in the National
Capital Region (NCR);
 c. Research Institute for
Tropical Medicine (RITM)

. DOH Attached Agencies

. Centers for Health GB Secretariat - MSD Respective RAGB

Developments (CHDs) of each CHD where the concerned
. Health facilities and Office is located
COVID-19 diagnostic
facilities;
. State universities and
colleges (SUCs) Hospital
(e.g. Western Visayas
State University Medical
Center);
Private health facilities;
. Health facilities operated
by other government
agencies;
AFP and PNP Military
health facilities;
. Philippine Red Cross
(PRC) Chapters Health-
related establishments;
. Newly created/
renationalized DOH
hospitals, TRCs and
sanitaria; and
. DOH Hospitals, TRCs, and
Sanitaria outside of NCR

. Health facilities under the GB Secretariat - Ministry of Health -

Jurisdiction of the MOH- BARMM Bangsamoro
BARMM Autonomous Muslim
Mindanao (MOH-
BARMM)
Grievances Board

G. Powers and Functions of CAGB and RAGB

1. Investigating and adjudicating grievances over claims denied by DPUs, in order

to resolve the contention as to the entitlement of one’s claim for the benefits and
compensation under RA No. 11712. In the exercise of its mandate, the Boards
are authorized to:

a. Issue summons, subpoena, notices and orders, and to administer oaths;

b. Call upon and secure the assistance of any department, bureau, office,
agency, or instrumentality of the government, including government-owned
or controlled corporations and the private sector to ensure that the Board
will be able to render decisions and/or recommendations supported by

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.

Perform such other functions as may be necessary to implement the provisions

of R.A. No. 11712 on grievance mechanism.

VIL. ROLES AND RESPONSIBILITIES

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;

Provide orientation to the GB Members on the RA 11712 and its IRR;

Facilitate the conduct of the screening of the representatives from the health
professional organizations, guided by a separate issuance;

Oversee the monitoring and evaluation of the operationalization of this General

Guideline; and

Maintain and consolidate a database of the CAGB/RAGB members and the

health professional organization representatives.

B. The respective CHDs shall:

1. Ensure the attendance of the appointed grievance officer and the arbitration
officer, in coordination with DOLE, in
the RAGB meetings;

Conduct the screening of the representatives from the health professional

organizations or employees’ association for its respective RAGBs, guided by a
separate issuance; and

Submit a regular report to the Administrative Service in relation to the

implementation of this AO.

VII. SUPPLEMENTAL GUIDELINES

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.

XI. SEPARABILITY CLAUSE

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.

XII. REPEALING CLAUSE

Any orders, issuances, rules, and regulations inconsistent with or contrary to

this guideline shall be repealed, amended, or modified accordingly.

XIII. EFFECTIVITY CLAUSE

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

COMPLAINT FILE NUMBER *To be Assigned by the Receiving Officer |

PERSONAL DETAILS, (Please put N/A for information that are not applicable)
LAST NAME FIRST NAME MIDDLE DATE OF
FILING (MM/DD/YYYY)
NAME

DATE OF BIRTH MARITAL STATUS SEX HCW

Benefits and Allowances being
(MM/DD/YYYY) u Single Male
OG
complained (under RA 11712)
aMarried o Female O Health Emergency Allowance
oWidow/Widower o COVID-19 Compensation
aLegally separated O Philhealth Package
EMAIL ADDRESS: CONTACT NUMBER: a Regular Testing

Details:

EMPLOYMENT DETAILS (when COVID-19 disease was contracted)

EMPLOYER & EMPLOYER ADDRESS DATE OF EMPLOYMENT

OFFICE/DEPARTMENT FROM (MM/DD/YYYY) TO (MM/DD/YYYY)

EMAIL ADDRESS CONTACT NUMBER

POSITION o HCW oO Private

oO Non-HCW o Public
APPLICATION AGREEMENT
I all
certify that the information given and any or statements made herein are true and correct to
the best of my knowledge and belief.
Ihereby certify that my signature appearing herein is genuine and authentic. I consent to
the collection and processing of my personal
data according to the Data Privacy Act.

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

assistance to the client in

coordination with the
CAGB/RAGB appropriate DPU
will Adjudicate
or conduct

GD
%

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.