HEALTH (AMENDMENT) (HOME SUPPORT PROVIDERS) ACT 2026

“ ‘relevant provision’ means—

• (a) in relation to a designated centre to which paragraph (a)(ii) or (iii) or (c) of the definition of ‘designated centre’ in section 2(1) applies—

  • (i) section 65 or 65A,

  • (ii) a provision of the Health Act 2007 (Care and Support of Residents in Designated Centres for Persons (Children and Adults) with Disabilities) Regulations 2013 (S.I. No. 367 of 2013),

  • (iii) a provision of the Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2013 (S.I. No. 415 of 2013),

  • (iv) a provision of regulations under section 101, made on or after the coming into operation of section 16 of the Health (Miscellaneous Provisions) (No. 2) Act 2024, that applies in relation to a designated centre to which paragraph (a)(ii) or (iii) or (c) of the definition of ‘designated centre’ in section 2(1) applies, or

  • (v) a provision of regulations under section 101B, made on or after the coming into operation of section 16 of the Health (Miscellaneous Provisions) (No. 2) Act 2024, that applies in relation to a designated centre to which paragraph (a)(iii) or (c) of the definition of ‘designated centre’ in section 2(1) applies,

  and

• (b) in relation to a registered home support provider—

  • (i) section 69W or 69X, or

  • (ii) a provision of regulations under section 101 or 101C that applies in relation to a registered home support provider.”.

18. Amendment of section 78B of Principal Act

18. Section 78B of the Principal Act is amended—

• (a) by the substitution of the following subsection for subsection (1):

• “(1) The chief inspector shall keep and maintain—

  • (a) a list of registered providers, and

  • (b) a list of registered home support providers,

  on whom a fine or other penalty is imposed by a court under section 78A(8) (each such list being referred to in this section as a ‘non-compliance list’).”,

• (b) in subsection (2)—

• (i) by the substitution of “each non-compliance list” for “the non-compliance list”,

• (ii) by the insertion of “or each registered home support provider, as the case may be,” after “each registered provider”,

• (iii) in paragraph (a), by the insertion of “or the registered home support provider, as the case may be,” after “the registered provider”,

• (iv) in paragraph (b), by the substitution of “in the case of a registered provider, the address” for “the address”, and

• (v) by the insertion of the following paragraph after paragraph (b):

• “(ba) in the case of a registered home support provider, the address of the business premises of that provider,”,

• (c) in subsection (3), by the substitution of “non-compliance lists” for “non-compliance list”, and

• (d) in subsection (4), by the substitution of “a non-compliance list” for “the non-compliance list”.

19. Amendment of section 79 of Principal Act

19. Section 79 of the Principal Act is amended—

• (a) in subsection (1)—

• (i) in paragraph (a), by the insertion of “or 69ZD(2) or (3)” after “section 69(3)”, and

• (ii) in paragraph (b), by the insertion of “69C, 69D,” after “section 46, 47,”,

• (b) by the insertion of the following subsection after subsection (2):

• “(2A) A registered home support provider is guilty of an offence if the provider—

  • (a) fails to discharge a duty to which the registered home support provider is subject under section 69F(6), 69O(1), 69W, or 69X,

  • (b) contravenes section 69O(2), (3) or (4), 69Y or 69Z(1),

  • (c) fails to discharge a duty to which the registered home support provider is subject under a provision of regulations made under section 101,

  • (d) contravenes a provision of regulations made under section 101, or

  • (e) fails to comply with a condition of the registration of the home support provider.”,

and

• (c) by the insertion of the following subsection after subsection (4):

• “(5) A registered home support provider guilty of an offence under subsection (2A) is liable—

  • (a) on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both, or

  • (b) on conviction on indictment to a fine not exceeding €70,000 or imprisonment for a term not exceeding 2 years or both.”.

20. Amendment of section 99 of Principal Act

20. Section 99 of the Principal Act is amended by the insertion of the following subsection after subsection (2):

• “(3) Without limiting the generality of section 98, the Minister, after such consultation with the Minister for Children, Disability and Equality as may be appropriate, may make regulations governing the registration of persons under this Act as home support providers, including but not limited to regulations—

  • (a) respecting the making of applications for registration,

  • (b) prescribing the contents of certificates of registration,

  • (c) respecting the giving of notice by a registered home support provider of any intended change in the identity of the persons participating in its management,

  • (d) respecting the giving of notice by a registered home support provider which is a body corporate of changes in the ownership of the body corporate or the identity of its officers,

  • (e) prescribing an annual fee payable by a registered home support provider at such a time as may be prescribed, and

  • (f) prescribing the notice to be given by a registered home support provider under section 69Z.”.

21. Amendment of section 101 of Principal Act

21. Section 101 of the Principal Act is amended—

• (a) in subsection (1)—

• (i) by the insertion of “and home support services provided by registered home support providers, as the case may be,” after “in relation to designated centres”, and

• (ii) in paragraph (b), by the insertion of “or registered home support providers” after “of designated centres”,

and

• (b) by the insertion of the following subsections after subsection (3):

• “(4) Without limiting the generality of subsection (1), regulations under this section may provide as respects one or more of the following in relation to registered home support providers:

  • (a) the care, welfare and well-being of service users;

  • (b) without limiting the generality of paragraph (a), requirements in relation to—

    • (i) the assessment by a registered home support provider of the needs of service users,

    • (ii) the development by a registered home support provider of a support plan for each service user which takes into account the needs and rights of that service user, and the information to be contained therein, and

    • (iii) the provision of a home support service by a registered home support provider to service users in accordance with each service user’s needs and rights;

  • (c) the qualifications, training and availability of the registered home support provider or the numbers, qualifications, training and availability of any persons employed by the provider, as the case may be;

  • (d) the records to be kept by a registered home support provider and the period for which such records are to be retained;

  • (e) requirements in relation to the maintenance by a registered home support provider of a statement of purpose and the information to be included within it, including the provider’s aims and objectives, the nature of the home support service the provider provides or proposes to provide and where it is provided or proposed to be provided, the maximum number of service users to whom the provider provides or proposes to provide services, the number of persons employed by the provider and its organisational structure (where applicable), and such other information as the Minister considers appropriate;

  • (f) the policies to be maintained by a registered home support provider to ensure the safety and quality of the services provided by the provider, including in relation to safeguarding, medication support, infection prevention and control, risk management and quality assurance;

  • (g) requirements in relation to the information to be provided by a registered home support provider to service users and prospective service users;

  • (h) requirements in relation to the entering into of a written agreement between a registered home support provider and a service user, including in relation to the information to be contained therein;

  • (i) requirements in relation to the nomination of a person by a service user to receive information from, and to provide information to—

    • (i) the registered home support provider from whom the service user receives a home support service,

    • (ii) the chief inspector, and

    • (iii) the Executive;

  • (j) the management and control of the operations of a registered home support provider, including in relation to risk management, quality assurance and financial procedures;

  • (k) the effecting by a registered home support provider of an appropriate contract of insurance against injury to service users, and the information to be provided by the home support provider to service users in relation to the provider’s insurance;

  • (l) the notification of incidents occurring during the provision of a home support service by a registered home support provider.

• (5) Without limiting the generality of subsection (1), regulations under this section—

  • (a) may, subject to any regulations made under Part 9 of the Act of 2004, require registered home support providers—

    • (i) to make adequate arrangements for an accessible and effective procedure for dealing with complaints made by or on behalf of a service user, a former service user or a person who is seeking or has sought that a home support service be provided to them by a registered home support provider,

    • (ii) where applicable, to nominate a member of staff of a home support provider to be the complaints officer and another member of such staff to be the review officer to investigate and review complaints for the home support provider,

    • (iii) to ensure that the home support provider is or, where applicable, any persons employed by the home support provider are, appropriately trained on the arrangements for dealing with complaints, and

    • (iv) to publicise the arrangements for dealing with complaints,

  • (b) may prescribe for specified provisions of this Act to apply with prescribed modifications, if any, in cases where a person is appointed by or under the law to take charge of the business of a registered home support provider,

  • (c) may provide for the business of a home support provider referred to in paragraph (b) to be carried on for a prescribed period by a person who is not registered in respect of it, and

  • (d) may include provision for the prescribed period referred to in paragraph (c) to be extended by a further period the chief inspector may allow.”.

22. Regulations respecting submission of information to chief inspector concerning registered home support providers

22. The Principal Act is amended by the insertion of the following section after section 101B:

“101C. (1) Without limiting the generality of section 98, the Minister, after such consultation with the Minister for Children, Disability and Equality as may be appropriate, may make regulations prescribing—

• (a) subject to subsection (3), the information to be submitted under section 69X(1) by a registered home support provider and the frequency at which that information is to be submitted,

• (b) the information referred to in paragraph (a) to be provided by the chief inspector under subsection (8) of section 69X to the persons referred to in paragraphs (a) to (e) of that subsection and, for that purpose, different information may be prescribed for different persons or for different classes of such persons,

• (c) the frequency at which information or data derived from that information is to be provided under section 69X(8),

• (d) the public bodies (within the meaning of section 69X) to which information or data derived from that information is to be provided under section 69X(8)(e), and

• (e) the information referred to in paragraph (a) which may be published under paragraph (a) or (b), or both, of section 69X(10).

• (2) The Minister may, under this section, make different regulations for different purposes and for different categories of registered home support provider.

• (3) Regulations under subsection (1)(a) may provide for the following:

  • (a) information in relation to the home support provider, including:

    • (i) information relating to the home support service offered by the home support provider to service users;

    • (ii) information relating to where the home support provider provides a home support service;

    • (iii) information relating to charges imposed on service users by the home support provider;

    • (iv) where a registered home support provider is a member of a group of companies within the meaning of section 8 of the Companies Act 2014, information relating to the group;

    • (v) such other information as the Minister may prescribe;

  • (b) information in relation to any persons employed by the home support provider, including:

    • (i) the number of persons employed and the details of their employment by the home support provider;

    • (ii) staff turnover;

    • (iii) demographic information relating to the persons employed;

    • (iv) the qualifications of, and training undertaken by, the persons employed, relating to their roles;

    • (v) such other information as the Minister may prescribe;

  • (c) information in relation to the service users to whom the home support provider provides a home support service, including:

    • (i) the number of service users, and the length of time during which a home support service has been provided by the home support provider to the service users;

    • (ii) demographic information relating to service users;

    • (iii) the health status and dependency level of service users;

    • (iv) information relating to the commencement of the provision of a home support service to new service users and the ceasing of the provision of a home support service to service users, including the reasons therefor;

    • (v) such other information as the Minister may prescribe.”.