By Benjamin Cuaresma
MANILA — A measure filed in the Senate seeks to ensure that minors diagnosed with Human Immunodeficiency Virus (HIV) can immediately access treatment and support services by removing legal and administrative barriers that could delay lifesaving care.
Senate Bill No. 2307, authored by Sen. Risa Hontiveros, proposes amendments to the Philippine HIV and AIDS Policy Act to establish a clearer pathway from HIV diagnosis to treatment for adolescents while strengthening patient confidentiality and safeguarding their rights.
Under the proposed legislation, minors aged 15 to 17 who have been diagnosed with HIV would be allowed to provide informed consent for antiretroviral therapy and other HIV-related medical services after undergoing a documented capacity assessment by an authorized healthcare professional.
The measure addresses what Hontiveros described as a gap in the current law, which permits minors in the same age group to consent to HIV testing but does not clearly authorize them to independently consent to treatment after receiving a positive diagnosis.
“The law should not leave young people without access to care after they learn they are living with HIV,” Hontiveros said, emphasizing that no child should be deprived of treatment because of unsafe consent requirements or administrative obstacles.
The bill makes clear that the proposed consent authority applies only to HIV-related treatment, care, and support services and does not extend to other medical or surgical procedures unrelated to HIV.
While encouraging the participation of parents, legal guardians, or trusted adults whenever it is safe and in the best interest of the child, the proposal states that the absence or refusal of such consent should not be used as a reason to deny, postpone, or discontinue HIV treatment for qualified minors.
To protect young patients, the measure also reinforces confidentiality by prohibiting the disclosure of a minor’s HIV status, medical records, or treatment information to parents, schools, employers, insurers, or other third parties without the patient’s informed consent, except when disclosure is authorized by law.
Healthcare providers would still be required to report suspected cases involving child abuse, exploitation, trafficking, neglect, or other harmful circumstances under existing child protection laws, although such referrals must not interrupt or delay HIV treatment.
For children below the age of 15, the bill retains the current framework under existing child protection laws and Department of Health (DOH) and Department of Social Welfare and Development (DSWD) guidelines, without granting independent authority to consent to HIV treatment unless otherwise provided by law.
The proposal also seeks to eliminate obstacles in accessing PhilHealth benefits by requiring confidential registration and claims processing for minors and young adults living with HIV. It provides that access to HIV treatment packages should not be delayed because of incomplete membership records, dependent registration issues, or the lack of parental authorization.
If enacted, the measure would require the Philippine National AIDS Council, together with the DOH, DSWD, PhilHealth, the National Privacy Commission, the Council for the Welfare of Children, the Commission on Human Rights, the Department of Justice, the Department of the Interior and Local Government, the Department of Education, and partner organizations, to issue implementing rules within 90 days.
Pending the issuance of the implementing rules, the DOH and PhilHealth would be directed to release interim guidelines within 30 days to ensure that eligible minors and young adults living with HIV receive uninterrupted access to clinically necessary treatment and care.
The proposed measure comes as the Philippines continues to record one of the fastest-growing HIV epidemics in the Asia-Pacific region, underscoring the need for timely, accessible, and stigma-free healthcare for vulnerable young Filipinos.
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