AMENDMENT TO CERTAIN PROVISIONS OF ADMINISTRATIVE ORDER NO. 2006-0004-A ON THE GUIDELINES FOR THE ISSUANCE OF CERTIFICATE OF NEED TO ESTABLISH A NEW HOSPITAL
Order No. 2006-0004-A in April, 2006 and January, 2007 respectively,
feedback from stakeholders has been received by the Bureau of Health
Facilities and Services regarding the coverage of the CON as well as the
criteria used in its issuance to hospitals. After review of the issues
and concerns raised by concerned sectors, it became evident that certain
provisions in the CON guidelines need to be revised.
Therefore, pursuant to Administrative Order No. 2006-0004-A
Amendment to Administrative Order No. 2006-0004 Guidelines for the
Issuance of Certificate of Need to Establish a New Hospital, the following provisions are hereby amended:
SECTION V. POLICIES AND GUIDELINES
A. General Guidelines
1. Coverage and Exemptions
X X X
1.5 Under A.O. No. 147 s. 2004 Section 16.2, a PTC shall be
considered lapsed when the work authorized by the permit does not
commence within three hundred sixty-five (365) days from date of
issuance, or is abandoned during the period specified. A CON shall be
required if the applicant decides to apply for a new PTC.1.6 Under A.O. No. 147, s. 2004 Se ct ion 16.4, a License to
Operate (LTO) that is not renewed for a period of two (2) consecutive
years shall be considered lapsed, and a new Application for Registration
and issuance of LTO are required before the hospital can be allowed to
operate. A CON shall be required for the PTC application of such
hospital.1.7 Under A.O. No. 147, s. 2004 Section 16.6, in case of any change
in hospital management, name or ownership with disruption in hospital
operation, or in case of transfer of location, a new application for
PTC, registration, and issuance of LTO shall be required. ACON shall
be required for the PTC application of such hospitals.The aforementioned provisions are hereby amended to read as follows:
“A. General Guidelines
1. Coverage and Exemptions
X X X
1.5 Under A.O. 147 s. 2004 Section 16.2, a PTC shall be
considered lapsed when the work authorized by the permit does not
commence within three hundred sixty-five (365) days from date of
issuance, or is abandoned during the period specified. A CON shall NOT
be required if the applicant decides to renew the PTC.1. 6 Under Section V.A.2.f.ix of Administrative Order No. 2007-0021 Harmonization and Streamlining of the Licensure System for Hospitals, when a License to Operate (LTO) of a hospital is expired and renewed
for a period of one (1) year or more after expiration date, the LTO
shall be considered lapsed and the registration of the hospital shall
be cancelled. In such a case, a new application for PTC, registration,
and issuance of LTO shall be required before the hospital can be
allowed to operate. However, a CON shall NOT be required.1.7 Under A.O. 147 s. 2004 Section 16.6 in case of any
change in hospital management, name or ownership with disruption in
hospital operation, or in case of transfer of location, a new
application for PTC, registration, and issuance of LTO shall be
required. However, a CON shall NOT be required.”SEPARABILITY CLAUSE
In the event that any provision or part of this Order be declared
unauthorized or rendered invalid by any court of law or competent
authority, those provisions not affected by such declaration shall
remain valid and effective.REPEALING CLAUSE
This Administrative Order shall repeal and supersede Section V
Subsections A.1.5 to A.1.7 of Administrative Order No. 2006-0004-A,
Section V.A.2.f.ix.c of Administrative Order No. 2007-0021 and all other
administrative issuances inconsistent herewith.EFFECTIVITY
This Order shall take effect upon approval and publication in the official gazette or newspaper of general circulation.
Adopted: 18 Nov. 2008
(SGD.) FRANCISCO T. DUQUE III, M.D., MSc.
Secretary of Health