Title
Supreme Court
Philippine HIV and AIDS Policy Act
Law
Republic Act No. 11166
Decision Date
Dec 20, 2018
An act aimed at strengthening the comprehensive policy on HIV and AIDS prevention, treatment, care, and support in the Philippines, while promoting human rights and eliminating discrimination against affected individuals through the reconstitution of the Philippine National AIDS Council.

Law Summary

Definitions of Key Terms

  • Comprehensive definitions provided including HIV, AIDS, ART, PLHIV, key populations, and legal concepts like confidentiality, informed consent, and mature minor doctrine.
  • Defined discriminatory acts, stigma, bullying, and prevention concepts.
  • Clarified various medical, social, and legal terminologies related to HIV and AIDS.

Philippine National AIDS Council (PNAC)

  • Reconstituted as an agency attached to the DOH with its own Secretariat and budget.
  • Key functions include developing and implementing the AIDS Medium Term Plan (AMTP), coordinating multi-sectoral efforts, monitoring progress, mobilizing funds, and policy advocacy.
  • Membership comprises government agencies, CSOs, representatives of PLHIV, and experts.
  • PNAC meets quarterly, with the Secretary of Health as Chairperson.
  • Secretariat headed by an Executive Director to manage day-to-day affairs and technical support.

AIDS Medium Term Plan (AMTP)

  • Six-year strategic plan guiding national HIV response.
  • Sets targets, strategies, operational frameworks, agency roles, and budget.

Role of Department of Health (DOH)

  • Coordinates health sector HIV response through NASPCP.
  • Responsible for comprehensive HIV monitoring and evaluation with data confidentiality.

Protection of Human Rights

  • HIV-related services anchored on human rights and dignity.
  • Coordination among PNAC, DOJ, CHR, and CSOs to ensure non-discrimination and redress mechanisms for PLHIV.

Information, Education, and Communication

  • Prevention programs focus on public education to reduce risky behavior and promote human rights.
  • Integration of HIV education in curricula across all learning institutions, including support and referral mechanisms.
  • Seminars for parents and guardians on HIV education.
  • Recognition of HIV education as part of the right to health and integral to health services.
  • Workplace education for all sectors including the military and police, implemented by relevant agencies.
  • Mandatory pre-assignment HIV seminars for Filipinos going abroad.
  • Information dissemination at ports for tourists.
  • Locally based community HIV education supported by LGUs and GAD funds.
  • Targeted education for key populations with PNAC and CSO collaboration.
  • Labeling requirements for prophylactics and prohibition of misinformation on HIV/AIDS.

Preventive Measures, Safe Practices and Procedures

  • Rights-based behavior modification programs and partner notification.
  • Standard precautions in health settings.
  • Access to ART and management of opportunistic infections.
  • Mobilization for stigma reduction.
  • Non-discrimination enforced in program implementation.
  • Specific interventions for key populations handled by DOH and DILG without police interference.
  • Prevention of mother-to-child HIV transmission included in maternal and child health services.
  • Strict guidelines on donation of blood, tissue, and organs including HIV screening.
  • DOH issues medical protocols on handling PLHIV and prevention of transmission during procedures.

Screening, Testing, and Counseling

  • State encourages voluntary HIV testing with written informed consent.
  • Consents adapted to persons aged 15 and above, including mature minor provisions ensuring voluntary testing.
  • Compulsory testing limited to specific legal and medical circumstances.
  • DOH to accredit testing facilities and counselors and establish testing guidelines ensuring confidentiality and counseling.
  • Routine provider-initiated testing is integrated into clinical care.
  • Pregnant women offered provider-initiated HIV testing.

Health and Support Services

  • Free and accessible ART and treatment hubs designated by DOH.
  • Programs ensuring medical access for indigent PLHIV.
  • Economic empowerment policies developed to prevent deprivation from employment or financial services based on HIV status.
  • Social care programs including peer counseling and support for PLHIV and their families.
  • Specific support programs for overseas workers living with HIV.
  • Care for affected families and children including education and treatment.
  • Comprehensive HIV programs in prisons emphasizing continuity of care and confidentiality.
  • Protection of HIV service providers from harassment.
  • PhilHealth to develop benefit packages for PLHIV and ensure confidentiality; prohibition against insurance denial based on HIV status.
  • Continuous monitoring and evaluation of HIV situation mandated.

Confidentiality

  • Absolute confidentiality of HIV status and related medical information guaranteed.
  • Unauthorized disclosure prohibited, including media dissemination, without consent except for specific legal exceptions.
  • Disclosure protocols for test results respecting age and mental capacity.
  • Encouragement and support for PLHIV to disclose status to partners while maintaining confidentiality.
  • Employers and officials tasked with preventing discrimination and providing complaint mechanisms.

Discriminatory Acts and Penalties

  • Prohibited discriminatory acts include workplace, educational, travel, shelter, public office, credit, health services, burial, bullying, and analogous discrimination based on HIV status.
  • Penalties range from fines to imprisonment depending on the violation, including harsher penalties for misinformation dissemination and breaches of confidentiality.
  • Protection for HIV educators and service providers reaffirmed with legal sanctions for harassment.
  • Provisions ensure administrative sanctions for offending entities and individuals.
  • Collected penalties to be used for addressing gaps in the national HIV response.

Appropriations and Implementation

  • Initial funding charged to the DOH with ongoing appropriations under the General Appropriations Act.
  • Separate and protected budget for PNAC operations.
  • Funds for treatment centers from sin tax revenues.
  • Personnel designated for PNAC Secretariat absorbed permanently.
  • PNAC tasked to promulgate implementing rules within 90 days.
  • Repeal of RA 8504 and related inconsistent laws.
  • Separability clause ensures valid provisions remain effective if parts declared unconstitutional.
  • Effectivity fifteen days after publication.

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