knowledge 9 September 2026 |

Raising Standards: Government Approves New Home Support Regulatory Regime

The Health (Amendment) (Home Support Providers) Act 2026 (the “Act”) was signed into law on 1 July 2026. Once commenced, the Act will make major amendments to the Health Act 2007 (the “2007 Act”) to bring home support services within the 2007 Act’s existing system of registration and compliance. In its current form, the 2007 Act deals solely with residential care facilities, and the Act seeks to mirror the regulatory protection it provides. This briefing gives an overview of some of the key aspects of the Act and examines what this means in practice for market participants.

Regime in practice

The Act expands the functions of the Health Information and Quality Authority (HIQA) to oversee the new regime for home support services and providers. The regime will be headed by the Chief Inspector, who will be given a broad range of powers to implement and enforce it.

These include the power:

to request information from applicants
to grant or refuse any application
to vary or cancel any existing registration
and to inspect premises without notice

Many of these powers are exercisable at the Chief Inspector’s discretion and may be used where the Chief Inspector considers it necessary to carry out that function.

Obligations for home support providers

The Act prescribes certain obligations that home support providers must meet to be considered compliant. These include:

being registered
not making any representation to the Chief Inspector or to the market that is false or misleading
displaying their certificate of registration at all times
and notifying the Chief Inspector before ceasing their operations

The central obligation is that home support providers must be registered if they are to provide home support services. This obligation applies equally to existing and new entrants to the home support services market. The key difference is that existing providers will be required to notify the Chief Inspector within three months of the commencement of the Act that they are supplying home support services and intend to apply for registration. Furthermore, existing providers must have obtained registration within two years of the commencement of the Act.

The duty not to make any representation to the Chief Inspector or to the market that is false or misleading is ongoing. For example, at the application for registration stage, a home support provider must not knowingly provide any statement which is false or misleading in any material respect. Equally, when providing home support services, home support providers must not hold themselves out, or purport, to be or to do something which they are not.

In the same vein, the Act places significant emphasis on transparency, as demonstrated by the requirement for home support providers to display their certificate of registration. The certificate can be displayed either physically at their business premises or digitally on their website. A further obligation which illustrates the protection afforded to home support users is that home support providers must notify the Chief Inspector before ceasing their operations.

Potential consequences for breach

Home support providers should be aware that the consequences for breaches of the Act have the potential to be significant and can include terms of imprisonment and/or fines. Liability attaches to all of the obligations described above, demonstrating the Oireachtas’ commitment to fostering greater transparency and protection within the sector.

Another punitive measure within the Act is that the Chief Inspector will maintain a public list of non-compliant home support providers. The list will specify a non-compliant provider’s name and details and maybe published by the Chief Inspector, with anon-compliant provider remaining on the list for three years.

The cumulative effect of a court-imposed penalty and placement on the public list is a clear message that unregulated activity will not be accepted. Home support providers must therefore understand their obligations under the Act or they may face serious consequences.

Conclusion

The Act creates a robust legal framework aimed at achieving greater transparency and protection in the home support service market. By amending the 2007 Act, those in need of care, whether at home or in residential care facilities, can now avail of statutory protections. In summary, home support providers must ensure they are registered, and that their registration is visible to potential users of their services. There are serious legal and reputational consequences for failing to do so.

Existing and new home support providers must begin preparing for the commencement of the Act. For more information and advice on the Act, please contact Conor Cunningham or Shane O’Doherty.

Also contributed to by Ben Robertson

This content has been prepared by McCann FitzGerald LLP for general guidance only and should not be regarded as a substitute for professional advice. Such advice should always be taken before acting on any of the matters discussed.