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Iloilo passes ‘right to care’ ordinance, allows LGBTQIA+ people to make medical decisions for their partners

The Iloilo City Sangguniang Panlungsod (City Council) passed a landmark legislation that provides inclusive health services to the residents of Iloilo City.

In Iloilo City, the Sangguniang Panlungsod (City Council) passed a landmark legislation that provides inclusive health services to the residents of Iloilo City.

Authored by Councilor Jose Maria dela Llana, the Health Care Proxy Card (Right to Care) Ordinance particularly recognizes health care proxies in all health care facilities in the city.

This is of “particular benefit to those who are living alone or who have no immediate family members readily available to act on their behalf, by enabling them to designate a trusted individual as their lawful health care representative, with authority to make health care decisions in their stead, including but not limited to decisions concerning medical treatment, surgical or invasive procedures, diagnostic examinations, and prescribed medications, in the event that they are rendered incapacitated or otherwise unable to give informed consent.”

The Health Care Proxy Card – which will be issued by the Iloilo City Gender and Development Office – is for:

  • adults or 21 years old and above residents of the city living independently;
  • those working alone without immediate family members; and
  • members of the lesbian, gay, bisexual, transgender, and other gender-diverse communities (LGBTQIA+), including same-sex partnership who wish to designate a partner, companion, caregiver or trusted individual as health care proxy in times they are incapacitated to make medical decisions.

The ordinance ensures that health care providers within Iloilo City recognize and respect the card, giving equal weight to the decisions made by the designated agent.

Key provisions include:

  • Free notarization of Health Care Proxy documents by the City Legal Office.
  • Issuance of both physical and digital Right to Care Cards by the Iloilo City Gender and Development (GAD) Office.
  • Strict adherence to the Data Privacy Act of 2012 in handling medical records.
  • Immunity for health care providers and agents acting in good faith under the ordinance.

Violators will be penalized with up to P5,000 fine or six months imprisonment.

With this, Iloilo City is now among the local government units advancing inclusive health care policies in the Philippines.

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