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SCA Software Accreditation Agreement
PhilHealth aggrement for software accreditation
Your Browser Doesn't Support Canvas. Showing the Text Content of the PDF Instead: SOFTWARE CERTIFICATION AGREEMENT
Note:
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BELOW. ACCEPTING THESE
TERMS IS THE FIRST STAGE TO ATTAIN SOFTWARE CERTIFICATION. IF YOU ACCEPT
ALL OF THE TERMS CONTAINED IN THIS AGREEMENT, YOU SHOULD SIGN THE
SIGNATURE AT THE BOTTOM OF THIS AGREEMENT.
I.
PURPOSE
The Philippine Health Insurance Corporation (“PhilHealth”) is a government owned and controlled
corporation created and existing by virtue of Republic Act 7875, otherwise known as the “National Health
Insurance Act of 1995”. PhilHealth continues to constantly innovate in order to meet the challenging
demands of the local and global health concerns of Filipinos.
PhilHealth grants software certification as a status achieved by an HCI with respect to using a software
solution that conforms to the claims requirements of PhilHealth. The software solution can be in-house
developed or outsourced to a service provider.
With the certification granted to an HCI, the institution agrees to be legally bound by the terms and
conditions contained in this Software Certification Agreement (SCA).
II.
DEFINITIONS
A
Data Collection
Services
:
Services used by the health care institutions to submit or transmit data
for all case rates, special benefit packages or Z-Benefits, outpatient
benefit packages, and others as defined by PhilHealth.
B
In-house Developed
:
A computer software that is done or developed within the health care
institution.
C
Outsourced
:
Purchase of a computer software, solution, or product from an outside
source like service provider.
D
Service Provider
:
Software developers, organizations, firms, companies, vendors,
businesses or individuals which offer information technology solutions,
products, or services to others in exchange for payment. Health
Information Technology Providers are considered as service providers.
E
Software
Certification Kit
:
Set of things like schedule of software certification orientation, guides
like PhilHealth eClaims Implementation Guide (PeCIG), instructions,
specifications, and other applicable references for certification.
F
Software Solution
:
A computer software used to satisfy the needs or requirements of a
health care institution and that of PhilHealth requirements.
III. SOFTWARE CERTIFICATION
1. In order to obtain and maintain the Software Certification, the HCI shall:
a. Follow the application process and meet all the requirements as specified in
PhilHealth Circulars, advisories, and/or other issuances. PhilHealth reserves the
right to change the requirements at any time and the HCI shall be properly
informed.
Page 1 of 4 of Annex C – Software Certification Agreement (as of July 2017)
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b. Execute or accept the terms of this SCA and any updates or new versions to such
SCA at such times as PhilHealth shall require.
2. PhilHealth shall issue a Software Certification as evidence once the HCI has met the
requirements and passed the software testing, including the acceptance of this SCA.
3. Software Certification shall be based on data collection services as defined by
PhilHealth. As such, certifications shall be given for each data collection requirements
and shall only expire if there are updates or new versions.
IV. TERM AND TERMINATION
This Agreement becomes effective when the HCI submits the requirements for application. The Software
Certification shall become effective on the specified date in the certificate and shall continue to be in effect
until such time that updates or new version is released by PhilHealth.
V.
SUSPENSION OF CERTIFICATION
1. PhilHealth shall suspend certification of the HCI, upon written notice, and effective as
of the date specified in such notice. Causes of Software Certification suspension shall
be any of the following:
a. The quality of the HCI’s software solution in an operational environment does not
meet the requirements as set forth or defined by PhilHealth.
b. The HCI failed to follow the policies, procedures, and/or methods as specified by
PhilHealth.
c. The HCI disclosed the know-how, information obtained during the certification
process, and contents of the Software Certification Kit.
d. The HCI is in breach of any of the terms of this Agreement and failed to cure such
breach within fifteen (15) working days after receipt of the written notice from
PhilHealth.
e. Other causes as determined and analyzed by PhilHealth that is detrimental to the
institution.
2. The right of the HCI to transmit claims data and other requirements to PhilHealth shall
be suspended upon the effective date of its suspension until lifted. The HCI, within
fifteen (15) working days, shall perform remedial actions in order for PhilHealth to
consider lifting the suspension.
3. PhilHealth shall revoke the software certification if the HCI failed to complete the
remedial actions. The HCI shall apply again for software certification using another
software solution if remedial actions are no longer doable.
Page 2 of 4 of Annex C – Software Certification Agreement (as of July 2017)
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VI. CONFIDENTIALITY
1. The HCI agrees to retain in confidence all know-how and information obtained during
the certification process and during the tenure as certified. Contents of the Software
Certification Kit are confidential and disclosure of any such information will
compromise the integrity of PhilHealth systems.
2. Any such disclosure shall result to the revocation of the certification, in addition to other
legal and equitable actions that PhilHealth shall impose.
3. The obligations of the HCI as to confidentiality hereunder shall survive the expiration or
termination of this Agreement.
VII. LIMITATION OF LIABILITY/ INDEMNIFICATION
1. PhilHealth shall not be liable to the HCI or service provider for any reason whatsoever
arising out of or relating to this Agreement (including any breach of this Agreement)
for any damages whatsoever, including but not limited to loss of profits or for
incidental, indirect, special or consequential damages.
2. The HCI agrees to hold harmless PhilHealth and its employees from and against any and
all liabilities, damage, loss, or expenses incurred by or imposed upon any of PhilHealth
and its employees in connection with any claim, suit, action, or demand arising out of
or relating to any exercise of any right granted or provided to the HCI under this
Agreement under any theory of liability including without limitation, strict liability, or
violation of any law.
VIII. ASSIGNMENTS
The HCI shall not assign any rights or obligations received under this SCA. Any attempted assignment in
violation of this Agreement shall be null and void, and without effect.
IX. MISCELLANEOUS
1. Any waiver, amendment or other modification of any provision of this Agreement
shall be effective only if in writing and signed by PhilHealth and the HCI.
2. If a court of competent jurisdiction finds any provision of this Agreement to be
unenforceable, that provision of this Agreement will be enforced to the maximum
extent permissible so as to effect the intent of the provision, and the remainder of this
Agreement will continue in full force and effect.
3. The HCI shall maintain an updated official email address in PhilHealth. All notices
required to be given to the HCI under this Agreement shall be delivered to the last
email address that was provided to PhilHealth.
4. This Agreement shall be governed by the laws of the Philippines without regard to its
conflicts of laws provisions.
Page 3 of 4 of Annex C – Software Certification Agreement (as of July 2017)
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I HAVE (1) READ AND UNDERSTAND THE TERMS OF THIS SOFTWARE CERTIFICATION
AGREEMENT; (2) AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE
AGREEMENT; AND (3) ACKNOWLEDGE THAT PHILHEALTH IS RELYING ON SUCH
REPRESENTATIONS IN GRANTING CERTIFICATION TO OUR HCI.
Name of Health Care Institution:
________________________________________________
Address of Health Care Institution:
________________________________________________
Email Address for Notice Purposes:
________________________________________________
Print Name of Official/Authorized HCI
Officer/Representative:
________________________________________________
Designation:
________________________________________________
Signature:
________________________________________________
Date Signed:
________________________________________________
Page 4 of 4 of Annex C – Software Certification Agreement (as of July 2017)
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