Tarlac doctors’ association hits prov’l gov’t over PhilHealth fees

TARLAC CITY -- The Tarlac Provincial Hospital Doctors’ Association assailed the provincial government saying there was no legal basis of the  latter to institute and enforce guidelines on pooled professional fees of doctors paid by PhilHealth.

In a position paper forwarded to Gov. Victor A. Yap, Vice Gov. Enrique Cojuangco and Provincial Board, last week, the TPHDA questioned revised guidelines on the matter released July 14, 2015 (which amended proposed guidelines issued on June 29, 2015) by the provincial government of Tarlac.

“Whether in its original form (dated 29 June 2015) or in its revised form (dated 14 July 2015), the subject guidelines constitute abuse of authority, as well as unwarranted and illegal withholding and deprivation of professional livelihood which the doctors and non-medical staff are lawfully entitled to receive,” the TPHDA said.

“The Philhealth-Accredited Health Care Institution (HCI) is required to pay the professional fees pooled within 30 days from receipt of such professional fees. Non-compliance with these clear directives can even result in the loss of Philhealth Accreditation for the HCI concerned.

The provisions of Republic Act No. 7875, as amended by Republic Act No. 10606, its Revised Implementing Rules and Regulations (Section 44), as well as Philhealth Circular No. 35 s. 2013 clearly mandate and require the distribution of the pooled professional fees without granting any discretion to the Local Chief Executive or the Local Government Unit on the manner and extent of distribution.”

The TPHDA position paper added: “No change in the manner and extent of distribution can be implemented unless there is an agreement on this matter between the head of the HCI and the medical and non-medical staff. The local chief executive has no authority to unilaterally impose any changes, much less participate directly in the forging of any agreements.”

The TPHDA added: “The Management Committee created by and through the guidelines is without legal basis to support the validity of its creation or its actions in relation to the distribution and payment of the pooled professional fees. More importantly, even if it is within the power of the HCI or the provincial government to create such a body, it will still not validate the subject guidelines, especially since it is headed by the provincial governor who will also approve or disapprove its recommendations.

“The Local Government Code (Republic Act No. 7160), being an earlier law and one of general application, cannot validly supersede the provisions of Republic Act No. 7875, as amended by Republic Act No. 10606, which are laws of specific application, and which were enacted after the Local Government Code.

“The principle of devolution pertains only to the administrative management of the devolved HCI. It cannot be invoked to justify unilateral, unwarranted, and illegal deprivation of livelihood.

The TPHDA position paper was signed by members and officers.

Signatories included doctors Antonita M. De Pano, Marlo B. Manzano,  Myra G. Villaroman, Yamami B. Chan, Harriet C. Sulit, NonatoJowinSison, Cristina D. Pascual. Shiela S. Domecillo, Prospero T. Ong, and Ramon C. Aviguetero.