Dear PAO,
I was rushed to the hospital just this week because of a knee injury. On the Emergency Admission Form, I was required to disclose my HIV Status where I was reactive. Thereafter, the doctor explicitly denied my treatment because he claimed that they cannot treat me. I was given no other explanation and I was told to go to a different hospital. I felt like I was discriminated. Was the doctor correct when he refused to treat me? Please help me be clarified. Thank you.
Mr. D
Dear Mr. D,

It is the mandate of the government to always safeguard the health of its citizens. Due to the changing times, one of the challenges faced by our public health is the aggressive impact of the Human Immunodeficiency Virus or HIV on the Filipino population. As a matter of policy, the government vows to remove discriminatory practices in all areas, especially within the medical field.
Republic Act (R.A.) No. 11166, also known as the “Philippine HIV and AIDS Policy Act,” was enacted to answer issues of discrimination against persons living with HIV (PLHIV). The law specifically highlights the denial of medical care and health services as an act of discrimination, if the denial is based on one’s HIV status. Section 48(g) of the said law states:

“Section 49. Discriminatory Acts and Practices. – The following discriminatory acts and practices shall be prohibited: x x x
“(g) Discrimination in Hospitals and Health Institutions. – Denial of health services, or being charges with a higher fee, on the basis of actual, perceived or suspected HIV status is discriminatory act and is prohibited; x x x”

It is clear from the stated provision that hospitals and health institutions cannot deny a patient of medical care solely on the basis of HIV Status. Such act is regarded as discriminatory and is considered illegal.
To answer your question, the doctor may have violated R.A. No. 11166 if it can be proven that you were denied of medical care for your injured knee because of your HIV status. The same law prescribes imprisonment and/or fine for violations of Section 49. Section 50(g) states:

“Section 50. Penalties. -x x x

“(g) Any person who shall violate any of the provisions in Section 49 on discriminatory acts and practices shall, upon conviction, suffer the penalty of imprisonment of six (6) months to five (5) years, and/or a fine of not less than Fifty thousand pesos (P50,000.00), but not more than Five hundred thousand (P500,000.00), at the discretion of the court, and without prejudice to the imposition of administrative sanctions such as fines, suspension or revocation of business permit, business license or accreditation, and professional license;”

We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]