Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

Twentieth Congress
First Regular Session

House Bill No. 2786

Introduced by AKBAYAN Representatives Percival Cendafia, Atty. Jose Manuel
“Chel” Diokno, and Dadah Kiram Ismula and Dinagat Islands Representative
Kaka Bag-ao

Prefatory Statement

Every human being has the right to the highest attainable standard of physical and
mental health. It is therefore an obligation of States to develop and implement
legislation and policies that guarantee universal access to quality health services and
address the root causes of health disparities, including poverty, stigma and
discrimination.

Partners of people of diverse sexual orientation and gender identity and expression
and sex characteristics (SOGIESC), solo parents, and people from non-traditional
households, often experience discrimination in the healthcare setting when they are
not allowed to act as care givers and denied access to information and decision
making processes necessary to save the lives of their loved ones.

The Right to Care is fundamentally about the right to health. It recognizes that the
most compassionate and effective care comes from our chosen partners and
significant others. In this proposed legislation, the patient-principal designates their
partner-agent to make critical health decisions and receive vital health information
on their behalf in times of incapacity.

It is time for the Philippine government to make healthcare more accessible and
inclusive. The passage of this bill is earnestly sought.


Rep-Percival Cendafia Re 10
AKBAYAN Party-list Lone District of Dinagat Islands
Rep. J lanuel Tadeo “Chel” Diokno Rep. Da Ismula

Party-list AKBAYAN Party-list


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL No. _ 2786

Introduced by AKBAYAN Representatives Percival Cendafia, Atty. Jose Manuel
“Chel” Diokno, and Dadah Kiram Ismula and Dinagat Islands Representative Kaka
Bag-ao

AN ACT REQUIRING THE RECOGNITION OF HEALTHCARE PROXIES
BY ALL HEALTH SERVICE PROVIDERS AND APPROPRIATING FUNDS
THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. This Act shall be known as the “Right to Care Act.”

SEC.2. Declaration of Policy. Article III, Section 1 of the 1987 Philippine Constitution
states that, “[nlo person shall be deprived of life, liberty, or property without due
process of law, nor shall any person be denied the equal protection of the laws.”

Moreover, Article III, Section 10 provides that, “[nlo law impairing the obligation of
contracts shall be passed.”

Furthermore, the Universal Declaration of Human Rights recognizes that, “[hluman
rights are inherent in all persons regardless of gender, race, culture, religion, and any
other status and all human beings are born free and equal in dignity and rights.”

Every human being has the right to the highest attainable standard of physical and
mental health. It is an obligation of the State to develop and implement legislation
and policies that guarantee universal access to quality health services and address
the root causes of health disparities, including poverty, stigma and discrimination.

It is the policy of the State to make healthcare more accessible to and inclusive of
persons of diverse sexual orientation and gender identity and expression and sex
characteristics (SOGIESO), solo parents, and other eligible individuals by recognizing
their chosen heath care agent as their legally recognized representative in the


healthcare setting.

SEC.3. Definition of Terms.

A.
B.

H.

SEC.

Adult - a natural person who is eighteen (18) years of age or older.

Health Care - any treatment, service, or procedure to diagnose or treat an
individual's physical or mental condition.

Health Care Agent - any Adult who is the chosen representative of a qualified
Principal authorized to make Health Care Decisions on behalf of a Principal
under a Health Care Proxy.

. Health Care Decision - any decision to consent or refuse to consent to Health

Care.

Health Care Provider an individual or facility licensed, certified, or otherwise
authorized or permitted by law to administer or provide Health Care in the
ordinary course of business or practice. Unless the context otherwise requires
or is otherwise specified, references to Health Care Provider include their
agents and employees.

'. Health Care Proxy - a document in which a Principal delegates to a Health

Care Agent the authority to make Health Care Decisions on the former's
behalf.

Principal - any Adult, Single or Legally Separated, Solo Parent, or any other
eligible individuals designating a Health Care Agent as their legally
recognized representative in the healthcare setting through a Health Care
Proxy.

Solo Parent: any individual defined as such by Republic Act. No.11861 or the
Expanded Solo Parent Act.

4, Health Care Proxy. The Philippine Health Insurance Corporation

(PhilHealth) shall provide for a Health Care Proxy for every Philhealth Member.
Health Care Proxies under PhilHealth shall (a) identify the Principal and the Health
Care Agent; (b) indicate that the Principal intends for the Health Care Agent to have
authority to make Health Care Decisions on behalf of the Principal; and (c) A Health
Care Agent shall be considered a Dependent of the Principal.

The designation of a Health Care Agent shall be included in the PhilHealth
Membership Forms and shall be indicated in the PhilHealth Identification Cards.
Health Care Proxies shall likewise be integrated into the PhilHealth Information


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Systems.

SEC. 5. Health Care Agent. A Health Care Agent designated in the Health Proxy
shall on behalf of the Principal named therein, have the authority for the following:

a. Scope of Authority - subject to any express limitations in the Health Care
Proxy, a Health Care Agent shall have the authority to make any and all
Health Care Decisions on the Principal's behalf, including but not limited to
the following:

i. Authority to provide or give consent to bedside and nursing care services;

ii. Authority to give consent to perform or administer emergency medical
and/or management;

iii. Authority to give consent to perform diagnostic and/or therapeutic
procedure’

iv. Authority to give consent to hook to lifesaving devices such as but not
limited to a ventilator;

v. Authority to give consent to declare Do Not Resuscitate (DNR); and
vii. Authority to give consent to intubate.

Health Care Decisions made by the Health Care Agent on the Principal's
behalf shall have priority over decisions by any other person. The authority of
the Health Care Agent shall be limited in application to the healthcare setting
and shall not in any way affect succession rights provided by the Civil Code.

b. Disclosure of information - the Health Care Agent shall have the right to
receive medical information and records necessary to make informed decisions
regarding the Principal's Health Care.

SEC. 6. Capacity. The authority of the Health Care Agent to make Health Care
Decisions shall commence upon due determination, in accordance with applicable
laws, rules, or regulations, that the Principal lacks capacity to make Heath Care
Decisions. In the event that there is a due determination that the Principal has
regained capacity, the authority of the Health Care Agent to make Health Care
Decisions shall cease, but shall recommence if the Principal subsequently loses
capacity.

The foregoing notwithstanding, where the Principal objects to the determination of


incapacity or to a Health Care Decision made by the Health Care Agent, the
Principal's objection or decision shall prevail unless the Principal is determined by a
court of competent jurisdiction to lack capacity to make Health Care Decisions.

SEC. 7. Expiration and Revocation. A Health Care Proxy shall be deemed to remain
in effect until revoked. If, prior to the expiration of a Health Care Proxy, the authority
of the Health Care Agent has commenced, the Health Care Proxy shall not expire
while the Principal lacks capacity.

The amendment of the Health Care Proxy in the PhilHealth Membership Forms
and/or issuance of a Special Power of Authority, shall be deemed as automatic
revocation of any Health Proxy previously issued to such Principal.

SEC. 8. Health Care Provider Obligations. Health Care Providers are required to
observe the following:

a. A Health Care Provider who is presented with a Health Care Proxy, or who
finds such proxy on the person of the Principal-patient, or in the PhilHealth
Identification Card of the Principal-patient, shall recognize and be charged
with due knowledge that a Health Care Proxy has been executed by the
Principal-patient.

In the event that the Principal-patient is unaccompanied by the Health Care
Agent designated in the Health Care Proxy, Health Care Providers shall
exert reasonably diligent efforts to notify such Health Care Agent, through
the contact details provided in the PhilHealth Membership Form, of the
circumstances by which the Principal-patient is under their care.

b. A Health Care Provider shall comply with the Health Care Decisions made
by the designated Health Care Agent in good faith under a Health Care Proxy
to the same extent as if such decisions had been made by the Principal-patient,
subject to any limitations provided in this Act.

c. A Principal-patient may revoke a Health Care Proxy by notifying the Health
Care Provider orally or in writing or by any other act evidencing a specific
intent to revoke such proxy. In such cases, the Health Care Provider shall
record such revocation in the Principal-patient’s medical records, and notify its
relevant agents and employees, as well as the Health Care Agent of such
revocation.

d. The Department of Health (DOH) shall issue guidelines for Health Care
Providers including health insurance companies, health maintenance
organizations (HMOs) and other facilities, institutions, and/or professionals in
the healthcare system to recognize the Health Proxy of Principal-patients, the


Health Care Agents as the legally recognized representative of the Prinicipal-
patients, and to act in accordance thereto.

SEC. 9 Immunity. Health Care Providers, or any of its agents or employees, shall be
free from any liability for honoring in good faith a Health Care Decision by a Health
Care Agent, or for other actions taken in good faith pursuant to this Act. Further, the
Health Care Agent shall be free from any liability for making a Health Care Decision
in good faith pursuant to this Act.

SEC. 10. Health Care Cost. Liability for the cost of Health Care provided pursuant to
a Health Care Agent's Health Care Decisions shall be the same as if the Health Care
were provided pursuant to the Principal's Health Care Decisions.

SEC.11. Allied Services. No person may require or prohibit the execution of a Health
Care Proxy as a condition for providing Health Care services or insurance to an
individual.

SEC.12. Non-limitation. Nothing in this Act creates, expands, diminishes, impairs or
supersedes any authority that a Principal-patient may have under law to make or
express decisions, wishes, or instructions regarding health care, whether or not
expressed in a Health Care Proxy. Further, nothing herein shall be construed to
permit a Health Care Agent to consent to any act or omission to which the Principal-
patient could not consent under law.

SEC.13. Penalties. The DOH, the Professional Regulation Commission, the
PhilHealth and any other relevant government agencies may suspend or revoke the
licenses or certifications of Health Care Providers and any of its agents and
employees that violate the provisions of this Act.

SEC. 14. Implementing Rules and Regulations. The DOH together with PhilHealth
shall formulate the necessary rules and regulations for the implementation of this
Act within ninety (90) days upon its effectivity.

SEC.15. Appropriations. Appropriations for the implementation of this Act shall be
sourced from the general appropriations of the PhilHealth under its Gender and
Development fund.

SEC. 16. Separability Clause. If any section or provision of this Act is held
unconstitutional or invalid, the remaining sections or provisions with the provisions
not affected thereby shall continue to be in full force and effect.

SEC. 17. Repealing Clause. All laws, decrees, executive orders, rules and
regulations, issuance or parts thereof inconsistent with this Act are hereby repealed
or modified accordingly.


1 SEC. 18. Effectivity. - This Act shall take effect fifteen (15) days after publication in
2 the Official Gazette or two (2) newspapers of general circulation.

Approved,