Philippine HIV and AIDS Policy Act

Section 33

The DOH shall establish a program that will provide free and accessible ART and medication for opportunistic infections to all PLHIVs who are enrolled in the program. It shall likewise designate public and private hospitals to become treatment hubs. A manual of procedures for management of PLHIVshall be developed by the DOH.

Section 34

Indigent persons living with HIV shall not be deprived of access to medical services. The DOH and DSWD shall establish a program that will support better access to ART and medication for opportunistic infections to all indigent PLHIV, which includes financial support for necessary medical services related to the person's HIV condition.

Section 35

PLHIV shall not be deprived of any employment, livelihood, micro-finance, self-help, and cooperative programs by reason of their HIV status. The DSWD, in coordination with the DILG, DOLE, and TESDA, shall develop enabling policies and guidelines to ensure economic empowerment and independence designed for PLHIV.

Section 36

The DSWD, in coordination with the DOH, shall develop care and support programs for PLHIV, which shall include peer-led counseling and support, social protection, welfare assistance, and mechanisms for case management. These programs shall include care and support for the affected children, families, partners, and support groups of PLHIV.

Section 37

The Overseas Workers Welfare Administration (OWWA), in coordination with the DOH, DSWD, DFA, CFO, and the Bureau of Quarantine and International Health Surveillance, shall develop a program to provide a stigma-free comprehensive reintegration, care, and support program, including economic, social, medical support for overseas workers, regardless of employment status and stage in the migration process.

Section 38

Care and Support for Affected Families, Intimate Partners, Significant Others and Children of People Living with HIV. - The DSWD, DOH, and LGUs, in consultation with CSOs and affected families of PLHIV shall develop care and support programs for affected families, intimate partners, significant others, and children of PLHIV, which shall include the following: (a) Education programs that reduce HIV-related stigma, including counseling to prevent HIV-related discrimination within the family; (b) Educational assistance for children infected with HIV and children orphaned by HIV and AIDS; and (c) HIV treatment and management of opportunistic infections for minors living HIV who are not eligible under the Outpatient HIV and AIDS Treatment (OHAT) Package of the Philippine Health Insurance Corporation (PhilHealth).

Section 39

All prisons, rehabilitation centers, and other closed-setting institutions shall have comprehensive STI, HIV and AIDS prevention and control programs that include HIV education and information, HIV counseling and testing, and access to HIV treatment and care services. The DOH, in coordination with DILG, DOJ, and DSWD, shall develop HIV and AIDS comprehensive programs and policies, which include the HIV counseling and testing procedures in prisons, rehabilitation centers, and other closed-setting institutions. PLHIV in prisons, rehabilitation centers, and other closed settings institutions shall be provided HIV treatment, which includes anti-retroviral drugs, care, and support in accordance with the national guidelines. Efforts should be undertaken to ensure the continuity of care at all stages, from admission or imprisonment to release. The provision on informed consent and confidentiality shall also apply in closed-setting institutions.

Section 40

The members of the PNAC, in cooperation with the CSOs, and in collaboration with DOJ and CHR, shall ensure the delivery of non-discriminatory HIV and AIDS services by government and private HIV and AIDS service providers.

Section 41

Protection of HIV Educators, Licensed Social Workers, Health Workers, and Other HIV and AIDS Service Providers from Harassment. - Any person involved in the provision of HIV and AIDS services, including peer educators, shall be protected from suit, arrest or prosecution, and from civil, criminal or administrative liability, on the basis of their delivery of such services in HIV prevention. This protection does not cover acts which are committed in violation of this Act.

Section 42

The PhilHealth shall: (a) Develop a benefit package for PLHIV that shall include coverage for in-patient and out-patient medical and diagnostic service, including medication and treatment; (b) Develop a benefit package for the unborn and the newborn child from infected mothers; (c) Set a preference price for HIV services in government hospitals; (d) Conduct programs to educate the human resource units of companies on the PhilHealth package on HIV and AIDS; and (e) Develop a mechanism for orphans living with HIV to access HIV benefit package. The PhilHealth shall enforce confidentiality in the provision of these packages to PLHIV. No PLHIV shall be denied or deprived of private health insurance under a Health Maintenance Organization (HMO) and private life insurance coverage under a life insurance company on the basis of the person's HIV status. Furthermore, no person shall be denied his insurance claims if he dies of HIV or AIDS under a valid and subsisting life insurance policy. The insurance Commission (IC) shall implement this provision and shall develop the necessary policies to ensure compliance.

Section 43

The DOH shall maintain a comprehensive HIV and AIDS monitoring and evaluation program that shall serve the following purposes: (a) Determine and monitor the magnitude and progression of HIV and AIDS in the Philippines to help the national government evaluate the adequacy and efficacy of HIV prevention and treatment programs being employed; (b) Receive, collate, process, and evaluate all HIV and AIDS-related medical reports from all hospitals, clinics, laboratories and testing centers, including HIV-related deaths and relevant data from public and private hospitals, various databanks or information systems: Provided, That it shall adopt a coding system that ensures anonymity and confidentiality; and (c) Submit, through its Secretariat, an annual report to the PNAC containing the findings of its monitoring and evaluation activities in compliance with this mandate.