Health Service Executive (Governance) Act 2019
|Publication Date:||January 01, 2019|
Health Service Executive (Governance) Act 2019
An Act to amend the Health Act 2004 to provide that the Health Service Executive shall be governed by a board and not a directorate, to provide that the Executive shall have a chief executive officer accountable to that board and to provide for certain other amendments to that Act; to provide for the amendment of certain other enactments; and to provide for related matters.
[5 June 2019]
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Preliminary and General
1 Short title, commencement, collective citation and construction
(1) This Act may be cited as the Health Service Executive (Governance) Act 2019.
(2) This Act shall come into operation on such day or days as the Minister for Health may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.
(3) This Act, other than Part 3, shall be included in the collective citation “Health Acts 1947 to 2019” and shall be read together as one with those Acts.
2. In this Act, “Principal Act” means the Health Act 2004.
3. Each of the following is repealed:
(a) Part 3A of the Principal Act;
(b) section 22 of the Health Service Executive (Governance) Act 2013.
Amendment of Principal Act
4 Amendment of section 2 of Principal Act
4. Section 2 of the Principal Act is amended, in subsection (1)—
(a) by the insertion of the following definition:
“ ‘Committee of Public Accounts’ means the Committee of Dáil Éireann established under the rules and standing orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General;”,
(b) by the substitution of the following definition for the definition of “Board”:
“ ‘Board’ has the meaning assigned to it by section 16N;”,
(c) by the substitution of the following definition for the definition of “chief executive officer”:
“ ‘chief executive officer’ has the meaning assigned to it by section 21A;”,
(d) by the substitution of the following definition for the definition of “member”:
“ ‘member’, in relation to the Board, includes the chairperson and the deputy chairperson;”,
(e) by the substitution of the following definition for the definition of “ordinary member”:
“ ‘ordinary member’ means a member of the Board other than the chairperson or the deputy chairperson;”,
(f) by the deletion of the definitions of “appointed director” and “appointed member”.
5 Amendment of section 7 of Principal Act
5. Section 7 of the Principal Act is amended, in subsection (5), by the substitution of the following paragraph for paragraph (c):
“(c) the policies (whether set out in codes, guidelines or other documents, or any combination thereof) and objectives of the Government or any Minister of the Government to the extent that those policies and objectives may affect or relate to the functions of the Executive,”.
6 Amendment of section 10 of Principal Act
6. Section 10 of the Principal Act is amended—
(a) in subsection (1)—
(i) by the substitution of “to the Executive or the Board” for “to the Executive”, and
(ii) in paragraph (c), by the substitution of “that the Executive or the Board, as applicable, is not having sufficient regard to such policy or objective in the performance of the Executive’s functions” for “that the Executive is not having sufficient regard to such policy or objective in the performance of its functions”,
(b) in subsection (2)—
(i) in paragraph (a), by the substitution of “subsection (1),” for “subsection (1), and”,
(ii) in paragraph (b), by the substitution of “functions, or” for “functions.”, and
(iii) by the insertion of the following paragraph after paragraph (b):
“(c) subject to section 10AA(1) and (3), one or more than one health needs assessment (within the meaning of section 10AA(8)) to be implemented by the Executive in the service plan prepared in accordance with section 31.”,
(c) in subsection (5), by the substitution of “The Executive or the Board, as applicable,” for “The Executive”,
(d) in subsection (6), by the substitution of “or issuing a direction under subsection (4) amending or revoking a direction issued under subsection (1)” for “or (4)”, and
(e) in subsection (7), by the substitution of “The chairperson shall inform the Minister of the measures taken by the Executive or the Board, as applicable,” for “The Director General shall inform the Minister of the measures taken by the Executive”.
7 Health needs assessment
7. The Principal Act is amended by the insertion of the following section before section 10B:
“10AA. (1) A direction under section 10(2)(c) shall include specific requirements to be taken into consideration by the Executive when conducting a health needs assessment.
(2) Without prejudice to the generality of subsection (1), the specific requirements referred to in that subsection may include the effects of such of the following matters on the accessibility and effectiveness of healthcare strategies implemented by the Executive as the Minister is satisfied are appropriate:
(a) changes to national or regional distribution of population;
(b) demographic profile of population;
(c) lifestyle factors affecting health;
(d) patterns of morbidity across population;
(e) patterns of mortality across population;
(f) social determinants of health status.
(3) (a) The Minister shall consult with the Minister for Public Expenditure and Reform before issuing a direction under section 10(2)(c).
(b) Paragraph (a) shall not be construed to prevent the Minister from consulting with any other person (including the Executive or another Minister of the Government) before issuing a direction under section 10(2)(c).
(4) The Executive shall submit a report of the findings of any health needs assessment to the Minister within the period specified by the Minister in the direction concerned under section 10(2)(c).
(5) (a) Within one month after receiving a report under subsection (4), the Minister shall—
(i) approve the report, or
(ii) if the Minister is not satisfied with the report, issue a supplementary direction under section 10(2)(c) in relation to revisions to be made to the report which, when complied with by the Executive, should, in the opinion of the Minister, remedy the deficiencies in the report.
(b) Where paragraph (a)(ii) applies, section 10(2)(c) and the other provisions of this section (including paragraph (a)) shall be construed with all necessary modifications to take account of the supplementary direction concerned under section 10(2)(c).
(6) The Executive shall ensure that, as soon as practicable after the approval of a report in accordance with subsection (5)(a)(i), the report is published on the Internet or in accordance with such other arrangements as the Minister may specify by notice in writing given to the Executive.
(7) The Minister may issue guidelines in relation to the conduct of a health needs assessment and, if he or she does so, the Executive shall comply with those guidelines.
(8) For the purposes of this section and section 10, ‘health needs assessment’ means a scientific, statistical or other systematic analysis, the purpose of which is to gather and assess information with a view to bringing about change beneficial to the health of a specified part of, or all of, the population.”.
8 Amendment of section 10B of Principal Act
8. Section 10B of the Principal Act is amended, in paragraph (d), by the substitution of “chief executive officer” for “Director General”.
9 Board of Executive
9. The Principal Act is amended by the insertion of the following Part after Part 3A:
Board of Executive
Membership of Board
16N. (1) The Executive shall have a Board (in this Act referred to as the ‘Board’) consisting of the following members:
(a) a chairperson;
(b) a deputy chairperson;
(c) 10 ordinary members.
(2) (a) Subject to paragraphs (b), (c) and (d), the chairperson, the deputy chairperson and the ordinary members of the Board shall be appointed by the Minister from among persons who, in the opinion of the Minister, have sufficient experience and expertise relating to matters connected with the functions of the Executive to enable them to make a substantial contribution to the effective and efficient performance of those functions.
(b) At least 2 of the persons appointed under paragraph (a) shall be persons who, in the opinion of the Minister, have experience of, or expertise in, advocacy in relation to matters affecting patients.
(c) At least 2 of the persons appointed under paragraph (a) shall be persons who are practising, or have practised, as a member of a health profession, whether in or outside the State.
(d) At least one of the persons appointed under paragraph (a) shall be a person who, in the opinion of the Minister, has experience of, or expertise in, financial matters.
(3) The Minister shall, in so far as practicable, endeavour to ensure that among the members of the Board there is an equitable balance between men and women.
(4) The chairperson shall hold office for such period, not exceeding 5 years from the date of appointment, as the Minister shall determine.
(5) The deputy chairperson shall hold office for such period, not exceeding 5 years from the date of appointment, as the Minister shall determine.
(6) Subject to subsection (7), an ordinary member shall...
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