Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
Third Regular Session

HOUSE BILL NO. _ 11005

Introduced by
Akbayan Representative Percival Cendana

Prefatory Statement

Every human being has the right to the highest attainable standard of physical and
mental health. It is therefor 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) often experience discrimination in the healthcare
setting when they are not allowed to act as primary care givers and denied access to
information and decision-making processes necessary to save their partner’s lives.

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 to and
inclusive of persons of diverse SOGIESC by recognizing their chosen heath care
partner as their primary caregiver.

The passage of this bill is earnestly sought.

e "AL V. CENDANA
‘Akbayan Partylist


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
Third Regular Session

HOUSE BILL NO. 1 1005

Introduced by
Akbayan Representative Percival Cendafia

AN ACT REQUIRING THE RECOGNITION OF HEALTHCARE PROXIES
BY ALL HEALTH FACILITIES THROUGH THE ISSUANCE OF A “RIGHT
TO CARE CARD” 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, “[nJo 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, “[no law impairing the obligation of
contracts shall be passed.”

Furthermore, the Universal Declaration of Human Rights recognizes that, “[human
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 (SOGIESC) by recognizing their chosen heath care partner as their
primary caregiver.


SEC.3. Definition of Terms.
A. Adult- a natural person who is eighteen (18) years of age or older.

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

C. Health Care Agent - any Adult and/or a partner of a qualified Principal
authorized to make Health Care Decisions on behalf of a Principal under a
Health Care Proxy.

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

E. 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.

F. 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.

G. Principal - any Adult, Single or Legally Separated, who is a partner of a
qualified Health Care Agent, authorizing a Health Care Agent to act in their
place through a Health Care Proxy.

SEC. 4. Health Care Proxy. The Department of Health shall facilitate applications
for the Right to Care Card in order to legally execute Health Care Proxies. Healthcare
proxies shall (a) identify the Principal and the Health Care Agent and (b) indicate
that the Principal intends for the Health Care Agent to have authority to make
Health Care Decisions on behalf of the Principal.

SEC. 5. Health Care Agent. A Health Care Agent designated in the Right to Care
Card 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.

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.

c. Primary Care Giver - Health Care Decisions by the Health Care Agent on
the Principal's behalf shall have priority over decisions by any other person,
except as otherwise provided in the Health Care Proxy.

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 may provide that it expires
after a specified period or upon the occurrence of a certain condition, otherwise, the
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 issuance of a new Right to Care Card and/or Special Power of Authority to the
same Principal shall be deemed as an automatic revocation of any Right to Care Card
previously issued to such Principal. Such revocation of a Right to Care Card shall be
deemed as an automatic revocation of the Health Care Proxy attached thereto,
regardless of any period or condition specified therein.

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 Right to Care Card of Health
Care Proxy, or who finds such card or proxy on the person 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 case of Right to Care
Cards, the Health Care Provider shall access the Health Care Proxy linked to
the Right to Care Card, and include such linked proxy in the Principal-
patient’s medical records.

In the event that the Principal-patient is unaccompanied by the Health Care


Agent designated in the Right to Care Card or Health Care Proxy, Health Care
Providers shall exert reasonably diligent efforts to notify such agent, through
the contact details provided in the card or proxy, 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 Right to Care Card
or a Health Care Proxy to the same extent as if such decisions had been made
by the Principal-patient, subject to any limitations in the Health Care Proxy
and in this Ordinance.

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, and the Health Care Agent of such revocation.

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 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 could not consent
under law.

SEC.13. Penalties. The Department of Health, the Professional Regulation
Commission, 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 Department of Health shall


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formulate the necessary rules and regulations for the implementation of this Act
within ninety (90) days upon its effectivity.

SEC.165. Appropriations. Appropriations for the implementation of this Act shall be
sourced from the general appropriations of the Department of Health 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.

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

Approved,