HSE home care services case

Forty-two companies involved in providing private home care services have brought a legal challenge to the HSE’s handling of three home care contracts valued at €148m.

A key part of the claim is that the provision of grants for care service providers under Section 39 of the Health Act amounts to unlawful State aid in breach of European law.

The companies claim the HSE breached EU public procurement law in deciding two of the contracts (Home Help Services Contract and the Under-65 Contract) should not be put out to public tender, while the Home Care Provision Contract should be.