Section 38 documentation relates to those Agencies that are funded pursuant to Section 38 of the Health Act, 2004.
Section 38 Service Arrangement Part I (revised February 2025)
This is a standard document for Agencies funded pursuant to Section 38 of the Health Act, 2004 and is part one of a two-part contract, the other part being the HPSR.
Section 38 Part I Comparator Document – 2024 V. 2025
This a document highlighting the changes to the Part I from 2024 to 2025.
The Healthcare Provider Specific Requirements (HPSR) for 2025 for specific care-groups are set out below:
- Section 38 Acute HPSR (new for 2025)
- Section 38 Disabilities HPSR (new for 2025)
- Section 38 Generic HPSR (new for 2025)
- Section 38 Health & Wellbeing HPSR (new for 2025)
- Section 38 Mental Health HPSR (new for 2025)
- Section 38 Older Persons HPSR (new for 2025)
- Section 38 Palliative Care / Chronic IIlness HPSR (new for 2025)
- Section 38 Primary Care HPSR (new for 2025)
- Section 38 Social Inclusion HPSR (new for 2025)
Compliance requirements for Agencies
Annual Financial Monitoring Return (AFMR)
This document is a requirement for Voluntary Agencies funded via a Service Arrangement and should be returned with the Annual Financial Statements each year. (Revised 2025)
*Disability Composite Schedule Template Schedules 3, 9 KPIs (Section 38 and Section 39)
This is a national standard template for use within the Disability Sector. It is used to capture data for service specification in all voluntary Agencies funded by the Health Service Executive.
(This template has been updated for 2025)
*Schedule 3 Template Basic Input Sheet Non-Disability (Section 38 and Section 39)
This template is for use in all other care groups (excluding Disabilities) where the activity information required for Schedule 3 would benefit from an excel format.
*Please note that all references to Schedules 3 and 9 above have now been superseded by Section 3 of the new HPSR documentation and are for reference purposes only.
Data Sharing Terms (new for 2025):
Set out below are the following documents relevant to Data Sharing which are referenced in the Section 38 Service Arrangement.
(i) Where the Provider acts as a data processor of the Executive for any such processing activity or activities and/or
(ii) Where the Executive acts as a data processor of the Provider for any such processing activity or activities and/or
(iii) Where the Executive and the Provider act as joint controllers for any such processing activity or activities
