C23

Prospective affecting provision: section inserted by Health (Amendment) (No. 3) Act 2021 (37/2021), s. 3, not commenced as of date of revision.

F93[38U.—(1) The Minister or, at the direction of the Minister, the Health Service Executive, or other person may enter, on such terms and conditions as he or she or it considers appropriate, into one or more agreements with one or more persons (in this Act referred to as an "approved services provider") for the provision by the approved person of services relating to any or all of the following:

(a) the provision of accommodation services to applicable travellers for the purposes of quarantine and to dependant persons accompanying such travellers;

(b) the maintenance of applicable travellers and any dependant persons during their period of quarantine at a designated facility;

(c) the provision of security arrangements for a designated facility;

(d) the provision of any service relating to the operation of mandatory quarantine or otherwise required to give effect to this Act;

(e) the treatment, if necessary, of applicable travellers and dependant persons during the period of their quarantine at a designated facility.

(2) Where the Minister, or at the direction of the Minister, the Health Service Executive or other person enters into an agreement under subsection (1) with an approved person, the approved person may, if authorised in that behalf by the Minister or, at the direction of the Minister, the Health Service Executive or other person and in accordance with such conditions (if any) of such authorisation, enter into an agreement with one or more other persons for the provision, of any one or more of the services the subject of the agreement concerned.

(3) The Minister, the Health Service Executive or other person, as the case may be, shall, before entering in to agreement under subsection (1) or authorising an agreement referred to in subsection (2), be satisfied that the arrangements the subject of the agreement concerned are suitable, and the services are of sufficient quality, to meet the health and welfare needs of those who will be quarantining in the designated facility concerned.

(4) An agreement referred to in subsection (1) shall—

(a) require that an approved services provider implement—

(i) standards and protocols established by the Minister or, at the direction of the Minister, the Health Service Executive or other person, for services provided in the facility,

(ii) arrangements determined by the Minister or, at the direction of the Minister, the Health Service Executive or other person, for medical care and support for persons in the designated facility,

(iii) rules established by the Minister or, at the direction of the Minister, the Health Service Executive or other person, for applicable travellers and dependant persons in such facilities, and

(iv) the provisions of any regulations relating to services under this section made by the Minister under section 38S,

(b) provide for the appointment by the approved services provider of a person (in this Act referred to as a "responsible person") who shall carry out such duties as are specified in the agreement and this Act, and

(c) set out review and complaint procedures for applicable travellers and dependant persons in relation to treatment and service in a designated facility.

(5) An approved services provider shall—

(a) keep, in such form as may be agreed, all proper and usual accounts and records of income received and expenditure incurred by it in the provision of the service,

(b) submit such accounts and financial statements annually for audit, and

(c) supply a copy of audited accounts and financial statements and the statutory auditor’s report on the financial statements to the person with whom the approved person entered into the agreement under subsection (1) within such period as may be specified by such person.

(6) The Minister or, at the direction of the Minister, the Health Service Executive or other person, may make such arrangements as it considers appropriate to monitor—

(a) the expenditure incurred in the provision of services by approved services providers, and

(b) the provision of those services by such approved services providers.

(7) An approved services provider who enters into any agreement under subsection (1) or (2) shall upon request provide to the Minister, or at the direction of the Minister, the Health Service Executive, such information and within such time period as may be specified in the request as is considered material to the provision of services in accordance with any such agreement.

(8) An approved services provider to whom a request is made under subsection (7) shall comply with the request within the time period specified in the request.

(9) At the Minister’s request, the Health Service Executive or other person shall provide the Minister with any information given to it by an approved services provider in response to a request under subsection (7).

(10) Nothing in this section shall operate to prevent the Minister, or at the direction of the Minister, the Health Service Executive or other person from entering into an agreement in respect of the provision of services both under this section and section 38T.

(11) In this section, "dependant person" has the same meaning as it has in section 38N.]