Understanding the PH Right to Care Act: Essential Information for LGBTQ+ Couples
The touching story of Bea and Mara has drawn attention to a significant issue facing many LGBTQ+ couples. The proposed Right to Care Act could provide a crucial legal safety net for these couples. While it doesn’t legalize same-sex marriage, it offers a way to ensure your partner is recognized and not treated as a mere acquaintance during critical moments of your life.
House Bill No. 2786, known as the Right to Care Act, proposes that you can officially designate your partner as your “healthcare agent,” irrespective of gender, SOGIESC, or marital status. According to the INQUIRER, the bill enables individuals to appoint their common-law partners as healthcare agents through a PhilHealth healthcare proxy. This designation allows them access to your medical information and decision-making power if you are incapacitated or in surgery.
Real-Life Implications of the Bill
Currently, hospitals tend to prioritize legal spouses and blood relatives for decisions about consent and treatment, often excluding queer partners during emergencies. The Quezon City government has acknowledged that hospitals generally recognize only legal spouses or next of kin. If enacted, the Right to Care Act would give precedence to the decisions made by your designated healthcare agent in hospital settings, without altering existing inheritance or family code laws.
The bill draws inspiration from local initiatives like Quezon City’s Right to Care Card, which uses a special power of attorney to allow partners to consent to, refuse, or withdraw medical treatments. According to the Quezon City government, this card empowers partners to make medical decisions and access records. Several LGUs, including San Juan, are adopting similar measures, though the coverage remains inconsistent throughout the country.
Current Status of LGBTQ+ Rights
As it stands, the Right to Care Act is still just a bill under review in Congress and has not yet become law. The Thomson Reuters Foundation notes that the draft is in committee, marking an initial step toward acknowledging same-sex partnerships. Implications of its current status include:
- The protections it offers are not yet available nationwide.
- Reliance on local programs (like Quezon City’s card), private legal documents (such as a notarized SPA), and supportive hospitals is still necessary.
- It does not replace the SOGIE Equality Bill or establish marriage equality but addresses a vital gap in hospital rights.
Steps LGBTQ+ Couples Can Take Now
Start by checking if your city offers a Right to Care or similar card program and register if you are eligible. Coverage stories have highlighted that Quezon City’s model, which is now influencing national legislation, mandates that all local hospitals accept the card under penalty. Also, consider setting up a special power of attorney with legal assistance, especially if you are outside these LGUs.
Most importantly, remain actively involved. The existence of this bill is a proof to couples like Bea and Mara who refused to remain silent. By continuing to document hospital discrimination and pushing for change, we increase the pressure on lawmakers to acknowledge these vital issues.
