National Health Act 1953 Determination under subsection 99AAC(2) (No. PB 9 of 2000) (Cth)

COMMONWEALTH OF AUSTRALIA

National Health Act 1953

PHARMACEUTICAL BENEFITS

DETERMINATION UNDER SUBSECTION 99AAC (2)

No. PB 9 of 2000

I, ALAN WILLIAM STEVENS, Acting Assistant Secretary, Pharmaceutical Benefits Branch, Department of Health and Aged Care and Delegate of the Minister for Health and Aged Care, pursuant to subsection 99AAC (2) of the National Health Act 1953, hereby make the following Determination:

1.      (a)     This Determination is taken to have commenced on 1 July 2000.

(b) Determination No. PB 19 of 1996 under subsection 99AAC (2) of the National Health Act 1953 made on 15 November 1996 with effect from 1 December 1996 is repealed.

2.      In this Determination:

(a)     unless the contrary intention appears, a word or expression shall be taken to have the same meaning as in Part VII of the Act;

(b)     “Act” means the National Health Act 1953;

“Claims Transmission System” has the same meaning as in section 99AAA of the Act;

“Commission” means the Health Insurance Commission established by the Health Insurance Commission Act 1973;

“Managing Director” means the Managing Director of the Commission;

“Secretary” means the Secretary to the Department of Health and Aged Care.

3.      The Secretary must declare in writing under subsection 99AAC (1) of the Act that an approved supplier is exempted from the operation of subsection 99AAA (4) of the Act (being the subsection that requires an approved supplier to use the Claims Transmission System to give information to the Secretary in relation to the supply of pharmaceutical benefits) in respect of the supply of pharmaceutical benefits from particular premises if:

(a)     the approved supplier applies to the Secretary for exemption in accordance with the form approved by the Managing Director; and

(b)     the approved supplier provides with his or her application:

(i)      where there is no supply of electricity available to those premises — a statement in writing by the approved supplier; or

(ii)     where the supply of electrical power to those premises is, by virtue of its variability or unreliability, likely to interfere unreasonably with the normal operation of a computer in those premises — a letter or certificate issued by the authority or organisation responsible for the supply of electrical power to those premises;

attesting to:

(iii)    the fact that there is no supply of electricity available or the fact of that variability or unreliability; and

(iv)   the period during which that respective state of affairs is, in the opinion of the approved supplier, authority or organisation, likely to continue; and

(c)     the Secretary is satisfied:

(i)      in the case of a statement made in accordance with subsubparagraph (b) (i) — that the statement is correct; or

(ii)     in the case of a letter or certificate issued in accordance with subsubparagraph (b) (ii) — that the letter or certificate has been properly issued by the authority or organisation by which it purports to have been issued.

4.      In making a declaration in accordance with paragraph 3, the Secretary must specify the period for which the exemption is to be effective, being a period of either:

(a)     one year from the date on which the declaration is made by the Secretary; or

(b)     the period attested to by the approved supplier, authority or organisation under subsubparagraph 3 (b) (iv);

whichever is shorter.

5.      The Secretary must, at a particular time, declare in writing under subsection 99AAC (1) of the Act that an approved supplier is exempted from the operation of subsection 99AAA (4) of the Act (being the subsection that requires an approved supplier to use the Claims Transmission System to give information to the Secretary in relation to the supply of pharmaceutical benefits) in respect of the supply of pharmaceutical benefits from particular premises if:

(a)     the Secretary has received an application from the approved supplier in accordance with subparagraph 3 (a); and

(b)     the Secretary has not made a declaration under subsection 99AAC (1) of the Act exempting the approved supplier from the operation of subsection 99AAA (4) of the Act in respect of those premises; and

(c)     the Secretary has not informed the approved supplier in accordance with subsection 99AAC (4) of the Act that the Secretary has decided not to make such a declaration; and

(d)     the approved supplier proposes to make a claim within one week from that time in respect of the supply of pharmaceutical benefits.

6.      In making a declaration in accordance with paragraph 5, the Secretary must specify the period for which the exemption is to be effective, being a period of not more than the time required for the approved supplier to submit the claim referred to in subparagraph 5 (d).

7.      The Secretary must declare in writing under subsection 99AAC (1) of the Act that an approved pharmacist is exempted from the operation of subsection 99AAA (4) of the Act (being the subsection that requires an approved supplier to use the Claims Transmission System to give information to the Secretary in relation to the supply of pharmaceutical benefits) in respect of the supply of pharmaceutical benefits from particular premises if:

(a) the approved pharmacist was, immediately before 1 July 2000, in receipt of a remote pharmacy allowance approved under section 99ZAA of the National Health Act 1953, as in force on 30 June 2000, in respect of those premises; and

(b      the approved pharmacist has not used the Claims Transmission System to give information to the Secretary in relation to the supply of pharmaceutical benefits from those premises.

8.      In making a declaration in accordance with paragraph 7, the Secretary must specify that the declaration will be revoked if the approved pharmacist commences to use the Claims Transmission System to give information to the Secretary in relation to the supply of pharmaceutical benefits from those premises.

Dated this                    seventh   day of    July   2000.

ALAN WILLIAM STEVENS

Acting Assistant Secretary

Pharmaceutical Benefits Branch

Department of Health and Aged Care

Delegate of the Minister for Health and Aged Care