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Section 38 Documentation

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 for 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. The Parts I covers a four year period ie 2025-2028.

The Healthcare Provider Specific Requirements (HPSR) for 2026 for specific care-groups are set out below: 

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. A version of this document for use in 2026 will be available shortly.

Disability Composite Template (Section 38-39)  2026

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 by the Health Service Executive that provide disability services

Non-Disability Composite Template (Section 38-39)  2026

This template is for use in all other care groups (excluding Disabilities) where the activity information required for Section 3 of the HPSRs would benefit from an excel format.

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