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HSE Managers’ Compliance Obligations: An Overview

02 May 2014

This article by Partner, Niamh Callaghan, was originally published in The Journal of The Health Management Institute of Ireland.

Where the HSE seeks compliance statements from Section 38 health agencies it’s not just comply or explain, it’s comply and cure.

What is the Compliance Statement?

The Compliance Statement is to be an annual statement addressed to the HSE, made by two Section 38 Agency board members – the chairperson and one other board member – on behalf of their board, testifying as to the agency’s compliance with standards identified by the HSE in eight areas. Those eight areas are governance, internal controls, risk management, remuneration, finance, preservation of capital assets, taxation and procurement.

What is its objective?

Its objective is twofold. Its primary aim is to encourage Section 38 Agencies to enhance their overall governance framework. By requiring boards to confirm compliance and identify non-compliance, it will operate to bring about compliance. A secondary aim is to identify areas of non-compliance with the standards specified by the HSE.

What right has the HSE to require delivery of a Compliance Statement?

Section 38(7) of the Health Act 2004 states: “The [HSE] may request from a service provider any information that it considers material to the provision of a health or personal social service by the service provider.”

Are there other examples of compliance statements?

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