National Health Act 1953 Pharmaceutical Benefits Amendment Determination under paragraph 98B(1)(a) No. 12 (09/07/2008) (Cth)

National Health Act 1953

PHARMACEUTICAL BENEFITS

AMENDMENT DETERMINATION UNDER PARAGRAPH 98B(1)(a) No. 12

We, the members of the PHARMACEUTICAL BENEFITS REMUNERATION TRIBUNAL, make this determination under paragraph 98B(1)(a) of the National Health Act 1953.

Dated 9 July 2008

____________________________________

J M Hamberger

Chairperson

____________________________________

H. Lapsley

Member

____________________________________

B. Frost

Member

Name of Determination¹

This Determination is the National Health Act 1953 Pharmaceutical Benefits Amendment Determination under paragraph 98B(1)(a) No. 12.

Commencement

This Determination commences on 1 August 2008.

Amendment of the Determination under paragraph 98B(1)(a)

The Schedule amends the National Health Act 1953 Pharmaceutical Benefits Determination under paragraph 98B(1)(a) made on 23 June 2006.

Schedule - Amendments

[1] Paragraph 6

omit:

“extemporaneously-prepared dispensing fee” means an amount of $7.85;

substitute:

“extemporaneously-prepared dispensing fee” means an amount of $8.03;

[2] Paragraph 6

omit:

“ready-prepared dispensing fee” means $5.81;

substitute:

“ready-prepared dispensing fee” means $5.99;

[3] Paragraph 14

omit:

(a) 10 per cent of the approved price to pharmacists, where the approved price to pharmacists for the quantity or number of units of the ready-prepared pharmaceutical benefit specified as the maximum quantity in the determination under paragraph 85A (2) (a) of the Act as set out in PB 89 of 2007 for that ready-prepared pharmaceutical benefit is not more than $180.00; or

(b) $18.00, where the approved price to pharmacists for the quantity or number of units of the ready-prepared pharmaceutical benefit specified as the maximum quantity in the determination under paragraph 85A (2) (a) of the Act as set out in PB 89 of 2007 for that ready-prepared pharmaceutical benefit is more than $180.00 but not more than $450.00; or

(c) 4 per cent of the approved price to pharmacists, where the approved price to pharmacists for the quantity or number of units of the ready-prepared pharmaceutical benefit specified as the maximum quantity in the determination under paragraph 85A (2) (a) of the Act as set out in PB 89 of 2007 for that ready-prepared pharmaceutical benefit is more than $450.00 but not more than $1000.00; or

(d) $40.00, where the approved price to pharmacists for the quantity or number of units of the ready-prepared pharmaceutical benefit specified as the maximum quantity in the determination under paragraph 85A (2) (a) of the Act as set out in PB 89 of 2007 for that ready-prepared pharmaceutical benefit is more than $1000.00.

substitute:

(a) 15 per cent of the approved price to pharmacists, where the approved price to pharmacists for the quantity or number of units of the ready-prepared pharmaceutical benefit specified as the maximum quantity in the determination under paragraph 85A (2) (a) of the Act as set out in PB 89 of 2007 for that ready-prepared pharmaceutical benefit is not more than $30.00; or

(b) $4.50, where the approved price to pharmacists for the quantity or number of units of the ready-prepared pharmaceutical benefit specified as the maximum quantity in the determination under paragraph 85A (2) (a) of the Act as set out in PB 89 of 2007 for that ready-prepared pharmaceutical benefit is more than $30.00 but not more than $45.00; or

(c) 10 per cent of the approved price to pharmacists, where the approved price to pharmacists for the quantity or number of units of the ready-prepared pharmaceutical benefit specified as the maximum quantity in the determination under paragraph 85A (2) (a) of the Act as set out in PB 89 of 2007 for that ready-prepared pharmaceutical benefit is more than $45.00 but not more than $180.00; or

(d) $18.00, where the approved price to pharmacists for the quantity or number of units of the ready-prepared pharmaceutical benefit specified as the maximum quantity in the determination under paragraph 85A (2) (a) of the Act as set out in PB 89 of 2007 for that ready-prepared pharmaceutical benefit is more than $180.00 but not more than $450.00; or

(e) 4 per cent of the approved price to pharmacists, where the approved price to pharmacists for the quantity or number of units of the ready-prepared pharmaceutical benefit specified as the maximum quantity in the determination under paragraph 85A (2) (a) of the Act as set out in PB 89 of 2007 for that ready-prepared pharmaceutical benefit is more than $450.00 but not more than $1750.00; or

(f) $70.00, where the approved price to pharmacists for the quantity or number of units of the ready-prepared pharmaceutical benefit specified as the maximum quantity in the determination under paragraph 85A (2) (a) of the Act as set out in PB 89 of 2007 for that ready-prepared pharmaceutical benefit is more than $1750.00.

[4] Paragraph 23

omit:

(a) 10 per cent of the basic wholesale price of the ingredient where the basic wholesale price for the agreed purchase quantity of the ingredient is not more than $180.00; or

(b) $18.00, where the basic wholesale price for the agreed purchase quantity of the ingredient is more than $180.00 but not more than $450.00; or

(c) 4 per cent of the basic wholesale price of the ingredient where the basic wholesale price for the agreed purchase quantity of the ingredient is more than $450.00 but not more than $1000.00; or

(d) $40.00, where the basic wholesale price for the agreed purchase quantity of the ingredient is more than $1000.00.

substitute:

(a) 15 per cent of the basic wholesale price of the ingredient where the basic wholesale price for the agreed purchase quantity of the ingredient is not more than $30.00; or

(b) $4.50, where the basic wholesale price for the agreed purchase quantity of the ingredient is more than $30.00 but not more than $45.00; or

(c) 10 per cent of the basic wholesale price of the ingredient where the basic wholesale price for the agreed purchase quantity of the ingredient is more than $45.00 but not more than $180.00; or

(d) $18.00, where the basic wholesale price for the agreed purchase quantity of the ingredient is more than $180.00 but not more than $450.00; or

(e) 4 per cent of the basic wholesale price of the ingredient where the basic wholesale price for the agreed purchase quantity of the ingredient is more than $450.00 but not more than $1750.00; or

(f) $70.00, where the basic wholesale price for the agreed purchase quantity of the ingredient is more than $1750.00.

[5] APPENDIX A — CLASSIFICATION AND MARK-UP TABLES

omit:

Table 1 – Basic wholesale price for the agreed purchase quantity not more than $180.00

A. Classification No. 1. 2. 3. 4. 5.

B. Basic Wholesale Price 100 100 100 100 100

C. 10 per cent mark-up on B. 10 10 10 10 10

D. Wastage Factor on B. 0 10 20 30 40

E. Total of B., C. and D. 110 120 130 140 150

F. Per cent mark-up on B. 10 20 30 40 50

Table 2 – Basic wholesale price for the agreed purchase quantity more than $180.00 but not more than $450.00

A. Classification No. 1. 2. 3. 4. 5.

B. Basic Wholesale Price 100 100 100 100 100

C. Mark-up on B. $18 $18 $18 $18 $18

D. Wastage Factor on B. 0 10 20 30 40

E. Total of B., C. and D. 100 110 120 130 140

+$18 +$18 +$18 +$18 +$18

Table 3 – Basic wholesale price for the agreed purchase quantity more than $450.00 but not more than $1000.00

A. Classification No. 1. 2. 3. 4. 5.

B. Basic Wholesale Price 100 100 100 100 100

C. 4 per cent mark-up on B. 4 4 4 4 4

D. Wastage Factor on B. 0 10 20 30 40

E. Total of B., C. and D. 104 114 124 134 144

F. Per cent mark-up on B. 4 14 24 34 44

Table 4 – Basic wholesale price for the agreed purchase quantity more than $1000.00

A. Classification No. 1. 2. 3. 4. 5.

B. Basic Wholesale Price 100 100 100 100 100

C. Mark-up on B. $40 $40 $40 $40 $40

D. Wastage factor on B. 0 10 20 30 40

E. Total of B, C and D 100 110 120 130 140

+$40 +$40 +$40 +$40 +$40

substitute:

Table 1 – Basic wholesale price for the agreed purchase quantity not more than $30.00
A.	Classification No.	1.	2.	3.	4.	5.
B.	Basic Wholesale Price	100	100	100	100	100
C.	15 per cent mark-up on B.	15	15	15	15	15
D.	Wastage Factor on B.	0	10	20	30	40
E.	Total of B., C. and D.	115	125	135	145.	155
F.	Per cent mark-up on B.	15	25	35	45	55
Table 2 – Basic wholesale price for the agreed purchase quantity more than $30.00 but not more than $45.00
A.	Classification No.	1.	2.	3.	4.	5.
B.	Basic Wholesale Price	100	100	100	100	100
C.	Mark-up on B.	$4.50	$4.50	$4.50	$4.50	$4.50
D.	Wastage Factor on B.	0	10	20	30	40
E.	Total of B., C. and D.	100	110	120	130	140
+ $4.50	+ $4.50	+ $4.50	+ $4.50	+ $4.50
Table 3 – Basic wholesale price for the agreed purchase quantity more than $45.00 but not more than $180.00
A.	Classification No.	1.	2.	3.	4.	5.
B.	Basic Wholesale Price	100	100	100	100	100
C.	10 per cent mark-up on B.	10	10	10	10	10
D.	Wastage Factor on B.	0	10	20	30	40
E.	Total of B., C. and D.	110	120	130	140	150
F.	Per cent mark-up on B.	10	20	30	40	50

Table 4 – Basic wholesale price for the agreed purchase quantity more than $180.00 but not more than $450.00
A.	Classification No.	1.	2.	3.	4.	5.
B.	Basic Wholesale Price	100	100	100	100	100
C.	Mark-up on B.	$18	$18	$18	$18	$18
D.	Wastage Factor on B.	0	10	20	30	40
E.	Total of B., C. and D.	100	110	120	130	140
+ $18	+ $18	+ $18	+ $18	+ $18
Table 5 – Basic wholesale price for the agreed purchase quantity more than $450.00 but not more than $1750.00
A.	Classification No.	1.	2.	3.	4.	5.
B.	Basic Wholesale Price	100	100	100	100	100
C.	4 per cent mark-up on B.	4	4	4	4	4
D.	Wastage Factor on B.	0	10	20	30	40
E.	Total of B., C. and D.	104	114	124	134	144
F.	Per cent mark-up on B.	4	14	24	34	44
Table 6 – Basic wholesale price for the agreed purchase quantity more than $1750.00
A.	Classification No.	1.	2.	3.	4.	5.
B.	Basic Wholesale Price	100	100	100	100	100
C.	Mark-up on B.	$70	$70	$70	$70	$70
D.	Wastage Factor on B.	0	10	20	30	40
E.	Total of B., C. and D.	100	110	120	130	140
+ $70	+ $70	+ $70	+ $70	+ $70

Notes

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See