Emergency powers to solve PhilHealth woes?

HOUSE members are inclined to grant President Duterte emergency powers to resolve the issues hounding the Philippine Health Insurance Corp. (PhilHealth), the chair of the House committee on public accounts said yesterday.

“The committee is inclined (to give the President additional powers) and we are already discussing the emergency powers to be granted to the President,” Anakalusugan party-list rep. Michael Defensor told his panel’s joint hearing with the committee on good government on the alleged massive graft and corruption in PhilHealth.

Defensor could not discuss the extent of the emergency powers that his panel is eyeing to give the President but said the same thing was done in the past when Congress empowered the Chief Executive to resolve the power crisis.

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He cited the enactment of Republic Act No. 7648 under which then President Fidel Ramos was given the authority to renegotiate contracts and reorganize the National Power Corp. (Napocor).

Defensor said members of his committee have been discussing the initiative even if the President has not asked Congress for additional powers.

“It’s in the committee discussions but we hope it can be certified as the need is urgent,” he said.

Defensor said emergency powers will be needed because the power to reorganize PhilHealth “is critical.”

“It’ll be needed also to hire personnel and/or third party providers for audit, legal, public health and finance. It will be limited like all emergency powers,” he said.

Defensor said the joint panel will soon come up with a committee report with its findings and recommendations, including the filing of graft and possibly, even plunder charges against some officials of the agency and their accomplices.

Health Secretary Francisco Duque III, who participated in the joint hearing, backed the idea of granting Duterte more powers to force PhilHealth to shape up amid fears that its actuarial life may last for only a year after billions of its funds were lost to corruption.

“Would you be willing to grant the President emergency powers para ayusin ang PhilHealth?” Defensor asked Duque who replied: “Opo. Maganda po ‘yung inyong panukala na bigyan ng karagdagang kapangyarihan si Pangulong Duterte para mas mabilis ang reporma na isailalim ang PhilHealth (Yes. Your proposal to give President Duterte additional powers to expedite the reforms in PhilHealth is good).

Justice Undersecretary Adrian Sugay said the Department of Justice also supports the joint panel’s initiative to help the President rid PhilHealth of corruption.

The joint panel’s last hearing was held a day after senators recommended the filing of criminal charges against Duque, resigned PhilHealth president and chief executive Ricardo Morales, and other officials.

Congressmen have been urging newly appointed PhilHealth president Dante Gierran to scrap the all case or package rates system and the IRM.

They said the state insurer should only reimburse hospitals and other healthcare facilities of the “actual cost” of treatment and hospitalization of patients, and to set the case rates as “cost limits.”

‘IMMUTABLE’

Sugay said agencies such as PhilHealth cannot change court decisions on cases involving the agency.

The issue was tackled after the House released from a four-day detention PhilHealth internal legal department senior manager lawyer Rogelio Pocallan Jr. who was cited in contempt last week for standing by his legal opinion which was used by the agency to reverse a 2015 Court of Appeals ruling against an erring Cebu City hospital.

“It’s true that court decision are immutable. I think this is the point made by Ombudsman Samuel Martires who used to be a Supreme Court justice. He said the only body who can modify the decision is the court itself,” Sugay said.

Pocallan was detained late Thursday afternoon after the joint panel carried the motion of Cavite Rep. Elpidio Barzaga Jr. to cite him in contempt for “misleading lawyers and the public that an administrative agency like PhilHealth can change or modify the decision of the Court of Appeals which is final and executory.”

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Pocallan, who attended the joint hearing yesterday, said he now understands that court rulings “should not be modified especially when it’s final and executory.”

He said such practice has been done by the PhilHealth in the past, imposing stiffer fines against hospitals instead of suspending them as ordered by courts.

Pocallan was detained at the Batasan over the case of Perpetual Succour Hospital Inc. in Cebu City which had been found guilty of extending the confinement period of a patient.

PhilHealth’s prosecution department decided to suspend the hospital for three months and fined it P10,000 which the Court of Appeals affirmed, dismissing Perpetual Succour’s appeal.

However, the PhilHealth board issued a resolution reversing the suspension and ordering the hospital to just pay a P100,000 fine, which prompted deputy speaker Rodante Marcoleta to dig deeper to find out who in the agency made the legal opinion that PhilHealth can reverse CA decisions even if they are already final and executory and it turned out to be Pocallan.

SCALAWAGS

Duque said he is happy over Gierran’s appointment as new PhilHealth chief, saying the former NBI director will surely “ferret out the scalawags” in the agency.

“I’m optimistic that under the most able leadership of Atty. Dante Gierran, he will ferret out the scalawags and return the public’s confidence in PhilHealth especially in these trying times,” he told the hearing.

Defensor said the PhilHealth under Gierran would need new personnel to help him and the President reform the agency and reorganize it “as they see fit.”

He said private companies may have to be tapped, particularly to help him in the information and technology aspect along with other experts on public health which Gierran has no experience in.

Justice Secretary Menardo Guevarra said Gierran’s lack of expertise in public health does not make him less qualified for the top post of the state health insurer.

“All I know is that Atty. Gierran’s co-workers and subordinates at the NBI spoke highly of his administrative skills. PhilHealth is an insurance provider more than a healthcare institution. So Atty. Gierran’s lack of health expertise does not make him less qualified for the top executive position in the corporation,” Guevarra said.

Gierran took the place of retired Army general Ricardo Morales who resigned from PhilHealth last week amid ongoing investigations into alleged corruption in the agency. — With Ashzel Hachero

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