WHEREAS, the Congress of the United States by Public Law
96-385 approved October 7, 1980, and public Law 97-72 approved November
3, 1981, as embodied in Subchapter IV of Chapter 17 o£ Title 38, United
states Code, has provided for the extension of the operations of the
United States Veterans Administration in the Philippines and for further
assistance by grants-in-aid to the Republic of the Philippines for
replacement and upgrading of equipment and for rehabilitation of the
physical plant of the Veterans Memorial Medical Center, and
WHEREAS, commencing October 1, 1981, the Republic of the Philippines
will assume full responsibility for the hospital and medical care and
treatment of all Commonwealth Army veterans and New Philippine Scout
veterans, and
WHEREAS, the United States of America is desirous of assisting the
Republic of the Philippines in maintaining high quality medical care and
treatment at the veterans Memorial Medical Center, and
WHEREAS, the Republic of the Philippines is desirous of taking advantage
of the provisions thereof for the purpose of continuing the operations
of the United States Veterans Administration in the Philippines and for
the purpose of replacement and upgrading of equipment and rehabilitation
of the physical plant of the Veterans Memorial Medical Center.
The United States of America and the Republic of the Philippines have
decided to conclude a new Agreement for the above purposes, the
regulations relating to which the United States of America will
promulgate in the Federal Register, and do hereby agree as follows:
TITLE I
PURPOSES OF CONTRACT
ARTICLE I. Subject to mutual agreement, the necessary
appropriation acts of the United States Congress, and such rules and
regulations as, from time to time, may be prescribed by the
Administrator of Veterans Affairs of the United States, to whom the
President of the United states has delegated the authority conferred
upon him by Sections 631-633, Title 38, United States Code, the
Administrator of Veterans Affairs of the United States will enter into a
contract with the Director of the veterans Manorial Medical Center
subject to the approval of the Minister of National Defense of" the
Republic of the Philippines, as follows:
(a) To provide reimbursement to the Republic of the
Philippines by the United States of America for hospital care in the
Republic of the Philippines of United States veterans determined by the
Administrator of veterans Affairs of the United States to be in need of
such hospital care for service-connected disabilities, at a per diem
rate to be jointly determined for each fiscal year by the two
Governments to be fair and reasonable;
(b) To provide reimbursement as described in (a) above for hospital care
at the Veterans Memorial Medical Center of United States veterans
determined by the Administrator of Veterans Affairs of the United States
to be in need of such hospital care for nonservice-connected
disabilities if they are unable to defray the expenses of such care;
(c) To provide reimbursement for medical services in the Republic of the
Philippines for United States veterans determined by the Administrator
of Veterans Affairs of the United States to be in need of such medical
services for service-connected disabilities which shall be provided
either in the Veterans Memorial Medical Center or by contract, the rates
to be jointly determined for each fiscal year by the two Governments to
be fair and reasonable.
(d) To provide reimbursement for nursing home care in the Republic of
the Philippines for any United States veteran who has been furnished
hospital care and who has been determined by the Administrator of
veterans Affairs of the United States to be in need of such nursing home
care at a per diem rate to be jointly determined for each fiscal year
by the two Governments to be fair and reasonable but in no event to
exceed 50 per centum of the per diem rate established pursuant to (a)
above;
(e) To provide reimbursement for travel expenses of United States
veterans incident to such hospitalization, medical services, or nursing
home care which are authorized by the Administrator of Veterans Affairs
of the United States;
(f) To provide that the contract shall remain in force until September
30, 1986, unless extended by the agreement of both parties;
(g) To provide that during the contract period specified in this
article, subject to actual agreement o£ the officials designated to
execute such actions, payments for hospital care and for medical
services provided to United States veterans may consist in whole or in
part of available medicines, medical supplies, and equipment furnished
by the Administrator of Veterans Affairs of the United States to the
Veterans Memorial Medical Center at valuations therefor as determined by
the Administrator of Veterans Affairs of the United States, provided
the valuations so determined shall not be less than the cost of the
items furnished, including transportation;
(h) To provide that during the period covered by such contract the
Republic of the Philippines and the Veterans Memorial Medical Center
will replace and upgrade, as needed, the equipment of such hospital and
will rehabilitate the existing physical plant and facilities of such
hospital as soon as practicable to place the hospital on a sound and
effective operating basis;
(i) To provide for grants by the Administrator of Veterans Affairs of
the United states, on such terms and conditions as he may prescribe, to
the Veterans Memorial Medical Center to assist the Republic of the
Philippines in the replacement and upgrading of equipment and in
rehabilitating the physical plant and facilities of such hospital, which
shall not exceed the amounts provided by the appropriation acts of the
Congress of the United States for that purpose and in no event shall
exceed the amount of $500,000 for each fiscal year during the period
beginning October 1, 1931 and ending September 30, 1936.
TITLE II
DELEGATION OF AUTHORITY
ARTICLE 2. The Minister of National Defense of the Philippine
Government, under the general direction of the President of the Republic
of the Philippines, shall have full authority to administer for the
Government of the Republic of the Philippines all matters relating to
the provision of medical care and treatment for United States veterans,
for replacement and upgrading of equipment and for rehabilitating the
physical plant of the Veterans Memorial Medical Center.
TITLE III
USE OF FACILITIES OF THE VETERANS MEMORIAL
MEDICAL CENTER
ARTICLE 3. As previously agreed between the two Governments, the
ownership of the Veterans Memorial Medical Center and the equipment
thereof has been vested in the Government of the Philippines and the use
to which said hospital or any part or equipment thereof shall be
devoted is for determination by mutual consent of the two Governments.
ARTICLE 4. Use by the Republic of the Philippines of the
facilities of the Veterans Memorial Medical Center shall be
discretionary with the Republic of the Philippines except that;
(a) First priority of admission and retention in the
hospital shall be accorded Commonwealth Army veterans and new Philippine
Scouts needing hospital care for service-connected disabilities
associated with and aggravating service-connected disabilities.
(b) Second priority shall be accorded United States veterans who require
hospital care for service-connected disabilities or
nonservice-connected disabilities associated with and aggravating
service-connected disabilities.
(c) Third priority shall be accorded Commonwealth Army veterans, New
Philippine Scouts who served under Section 14 of the Armed Forces
Voluntary Act of 1945, who enlisted before July 4, 1946, and who were
discharged or released from such service under conditions other than
dishonorable, and United States veterans with "wartime" service, who
need hospital care for nonservice-connected disabilities.
TITLE IV
OTHER PROVISIONS
ARTICLE 5. It is agreed between the two Governments that the
determination of legal eligibility and medical need for hospitalization
and medical treatment of Commonwealth Army veterans and the New
Philippine Scouts as well as their need for nursing home care, rests
exclusively with the Ministry of National Defense; and That the Republic
of the Philippines will assume full financial responsibility for such
hospitalization and medical treatment of Commonwealth Army veterans and
New Philippine Scout veterans.
ARTICLE 6. The Minister of National Defense of the Republic of
the Philippines will, with the concurrence of the Administrator of
Veterans Affairs of the United states, cause such printed forms of
applications for hospitalization, nursing home care, and outpatient
treatment, forms of physical examination reports, forms for billing for
services rendered and such other forms and notices as may be necessary
and incident to the efficient execution of this program to be prepared,
and such approved forms will be used whenever applicable to the general
operations of such program.
ARTICLE 7. The Minister of National Defense of the Philippines
shall furnish to the Administrator of Veterans Affairs of the United
States, upon his request, or the request of any officer duly designated
by him for such purpose, full and complete cost accounting information,
copies of medical examination and treatment reports and any other
information deemed by him to be necessary and incident to the proper
application of the terms of this Agreement.
ARTICLE 8. The United States of America, through such qualified
persons as the Administrator of veterans Affairs of the United States
may designate, shall have the right to inspect any hospital in which
veterans are being hospitalized or any nursing home care facility in
which veterans are being provided nursing home care under the terms of
this Agreement, to inspect and audit its books and all accounts as are
incident to the proper determination of cost of the reimbursement, on a
per diem basis, for such hospitalization or nursing home care and to
determine whether the hospital and nursing home care facilities,
procedures, techniques, and standards, as well as the quality of
subsistence furnished, are adequate and proportionate to the charges
being made therefor.
ARTICLE 9. Appropriations for grants to the Veterans Memorial
Medical Center to assist the Republic of the Philippines in the
replacement and upgrading of equipment and in rehabilitating the
physical plant and facilities of such hospital, if unobligated, will
revert to the United states Treasury at the end of each fiscal year,
unless otherwise authorized by applicable appropriation statute.
ARTICLE 10. It is agreed between the two Governments that if the
conditions and terms of the Agreement are not being met, the Minister of
National Defense of the Philippines and the Administrator of Veterans
Affairs of the United States or his designee shall enter into immediate
consultation with a view to compliance with said terms and conditions.
The initiation of such consultations by either Government shall not
limit or qualify the duty and obligation of the Administrator of
Veterans Affairs of the United States to withhold or suspend payments
when in his judgment such payments would riot be in accordance with the
terms of this Agreement.
ARTICLE 11. It is agreed between the two Governments that the
program under this Agreement, including the contract referred to in
Article I, snail be effective from the date specified in such contract.
ARTICLE 12. The Agreement entered into between the United States
of America and the Republic of the Philippines on September 3, 1979 is
deemed terminated on September 30, 1981 and the present Agreement shall
be deemed to have come into effect on October 1, 198l and shall remain
in effect until terminated or until September 30, 1986 whichever is
earlier. Such amendment or revocation may be accomplished by an exchange
of notes between the two Governments and shall be effective immediately
upon the exchange of notes.
ARTICLE 13. The Republic of the Philippines shall save harmless
all officers and employees of the United States Veterans Administration
from damage suits or other civil and criminal actions arising out of the
performance of their official duties.
ARTICLE 14. The Government of the Philippines agrees that the
United States Veterans Administration will continue to discharge the
responsibilities of the United States Government in the Philippines
under this Agreement and the Government of the Philippines will consider
the United States Veterans Administration and its personnel as part of
the Diplomatic Mission of the United States of America for the purpose
of enjoying privileges and immunities accorded to that Mission and its
personnel of comparable rank.
ARTICLE 15. The authority of the United States to make grants and
payments under this agreement is, for any fiscal year, subject to the
appropriation of funds by the United States Congress.
IN WITNESS WHEREOF, the undersigned, duly authorized thereto, have
signed this Agreement in duplicate, in the City of Manila, this
28th,
day of
July 1982.
CARLOS P. ROMULO |
FOR THE UNITED STATES |
FOR THE REPUBLIC OF
THE PHILIPPINES |
OF AMERICA |
|
|
(Sgd.) |
(Sgd.) |