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HEALTH SERVICES ACT 1988 - SECT 26 Health service agreements

HEALTH SERVICES ACT 1988 - SECT 26

Health service agreements

S. 26(1) amended by No. 46/1998 s. 7(Sch. 1).

    (1)     A registered funded agency may enter into a health service agreement in respect of each financial year with the Secretary.

S. 26(2) amended by No. 46/1998 s. 7(Sch. 1).

    (2)     The terms of a health service agreement shall be in accordance with this Division and as agreed between the registered funded agency and the Secretary.

    (3)     An agreement shall be in respect of one year or such other period as is specified in the agreement.

    (4)     An agreement may specify—

        (a)     particulars of services to be provided by the agency, including particulars of the volume, scope and standard of services; and

        (b)     particulars of changes proposed in the provision of services by the agency, including particulars of building work to be undertaken or equipment to be acquired; and

        (c)     particulars of the organisation and management of the agency; and

        (d)     proposals of the agency for—

              (i)     ensuring the quality of services provided; and

              (ii)     handling complaints; and

              (iii)     enabling users of services to make informed decisions about the services; and

              (iv)     enabling its employees to participate in decisions about their work environment; and

              (v)     promoting industrial rights and the welfare of its employees; and

              (vi)     staff arrangements; and

              (vii)     keeping records and making reports; and

              (viii)     ensuring appropriate services are provided having regard to special needs of any ethnic or other minority groups; and

        (e)     limits or controls on expenditure or the entering into of contracts or agreements by the agency; and

S. 26(4)(f) amended by No. 46/1998 s. 7(Sch. 1).

        (f)     the provision of grants, subsidies or other assistance to the agency from money administered by the Secretary for the purposes of health care; and

        (g)     any other relevant matters.

S. 26(4A) inserted by No. 42/2005 s. 8.

    (4A)     A health service agreement entered into by a denominational hospital or a public health service is not required to specify particulars of any matters that are, or are to be, specified in a statement of priorities that has been, or will be, agreed to or made in relation to the hospital or health service under this Act for the financial year that the health service agreement is made in respect of.

S. 26(5) amended by No. 46/1998 s. 7(Sch. 1).

    (5)     If a registered funded agency or the Secretary becomes aware of any circumstances affecting or likely to affect its or his or her ability to comply with a health service agreement

S. 26(5)(a) amended by No. 46/1998 s. 7(Sch. 1).

        (a)     the agency or Secretary must inform the other party in writing; and

        (b)     the other party must within six weeks respond in writing; and

        (c)     where appropriate, the parties may amend the agreement.

    (6)     A registered funded agency must make a copy of any health service agreement affecting it available for inspection by the public during ordinary business hours.

S. 26(7) amended by No. 46/1998 s. 7(Sch. 1).

    (7)     The Secretary must cause copies of any health service agreement in force under this section to be available for inspection by the public during ordinary business hours.