EXPLANATORY STATEMENT
NATIONAL HEALTH ACT 1953
SPECIAL ARRANGEMENTS MADE UNDER SUBPARAGRAPH 100(1)(b)(i)
Authority
Part VII of the National Health Act 1953 (the Act) is the legislative basis of the Pharmaceutical Benefits Scheme (PBS) by which the Commonwealth provides reliable, timely, and affordable access to a wide range of medicines for all Australians.
Subparagraph 100(1)(b)(i) of the Act provides that the Minister may make special arrangements for providing that an adequate supply of special pharmaceutical products will be available to persons who are receiving medical treatment in such circumstances that pharmaceutical benefits cannot be conveniently or efficiently supplied in accordance with Part VII of the Act; or
Subsection 100(2) of the Act provides that the Minister may vary or revoke a special arrangement made under subsection 100(1).
Purpose and operation
The purpose of this instrument is to allow Epworth Eastern Private Hospital (the Epworth Hospital), located Box Hill, Victoria, to utilise electronic and paper based medication charts to prescribe and claim PBS benefits.
This new Arrangement is required because Epworth Hospital has notified the Department that paper based medication charts are used in addition to electronic medication charts as the electronic system is not available in all areas of the hospital and when the hospital experiences rare system outages.
The Arrangement permits medical practitioners, participating dental practitioners and authorised optometrists working at the Epworth Hospital to electronically sign the electronic medication charts, and to manually sign paper based medication charts, rather than prepare regular PBS prescriptions. The Arrangement authorises the Epworth Hospital’s pharmacy provider (Slade Pharmacy) to dispense PBS medicines using medication charts and claim PBS benefits without providing copies of the medication charts to Medicare Australia.
Copies of all hospital medication charts are stored by Epworth Hospital for not less than one year after the date of supply, for Medicare Australia auditing purposes.
The Special Arrangements under subparagraph 100(1)(b)(i) of the National Health Act 1953 (PB 17 of 2009) (the Previous Arrangement) is revoked and remade.
Context
The Department expects that the results of the Epworth Eastern Private Hospital paperless prescribing and claiming trial will contribute to the development of national eHealth guidelines and policy, and more specifically ePrescribing strategies.
Commencement
The Epworth Eastern Private Hospital paperless prescribing and claiming trial commenced on 16 June 2008. The Previous Arrangement, which is revoked and replaced by this Arrangement, also commenced on 16 June 2008. This arrangement has therefore been given a retrospective commencement to ensure that PBS benefits prescribed and claimed through the Previous Arrangement are still covered by this Arrangement. The retrospective commencement of the Arrangement does not prejudice the rights of, or impose additional liabilities on, any person or body, other than the Commonwealth, in accordance with subsection 12(2) of the Legislative Instruments Act 2003.
The Epworth Eastern Private Hospital paperless prescribing and claiming trial arrangements are detailed in the Attachment.
Consultation
The Department of Health and Ageing has consulted with Medicare Australia, Epworth Eastern Private Hospital and Slade Pharmacy during the development of the Epworth Eastern Private Hospital paperless prescribing and claiming trial. As a result of these consultations all parties are satisfied with the outcomes and terms and conditions of the Epworth Eastern Private Hospital paperless prescribing and claiming trial.
ATTACHMENT
Details of the Special Arrangements made under subparagraph 100(1)(b)(i) of the National Health Act 1953
Paragraph 1 provides that these Arrangements commence on 16 June 2008.
Paragraph 2 revokes the Special Arrangements under subparagraph 100(1)(b)(i) of the National Health Act 1953 (PB 17 of 2009).
Paragraph 3 provides that a word or phrase used in these Arrangements will be taken to have the same meaning as in the National Health Act 1953 (the Act), the National Health (Pharmaceutical Benefits) Regulations 1960 (the Regulations) or a declaration, determination or other instrument made under Part VII of the Act or under the Regulations. Paragraph 2 also defines a range of terms used in the Arrangement.
Paragraph 4 limits the scope of the Arrangement so that it only applies to the Trial being conducted at the Epworth Eastern Private Hospital.
Paragraph 5 provides that unless specified in the Arrangement, the provisions of the Act, the Regulations, declarations, determinations and other instruments made under Part VII of the Act shall apply to the prescribing of pharmaceutical benefits for the treatment of the in-patients of the approved hospital, to the supply of those pharmaceutical benefits by the approved pharmacists to the in-patients of the hospital, and to claims for payment by the approved pharmacists for the supply of those pharmaceutical benefits.
Paragraph 6 provides that where a medical practitioner prescribes a pharmaceutical benefit for an in-patient being treated at the Eastern Epworth Private Hospital using an electronic or paper based medication chart (and that patient is named on the chart), then that medication chart will be taken to be a duly written prescription within the meaning of Regulation 19 of the Regulations.
This paragraph also sets out the conditions which are to be met in order for the medication chart to be taken as a duly written prescription within the meaning of Regulation 19 of the Regulations.
Paragraph 7 provides that where a dental practitioner prescribes a pharmaceutical benefit for an in-patient being treated at the Eastern Epworth Private Hospital using an electronic or paper based medication chart (and that patient is named on the chart) then that medication chart, will be taken to be a duly written prescription within the meaning of Regulation 19 of the Regulations.
This paragraph also sets out the same conditions as set out in paragraph 5, but it leaves out paragraphs (e), (f), (g) and (h) as these provisions do not apply to dental practitioners.
Paragraph 8 provides that where an authorised optometrist prescribes a pharmaceutical benefit for an in-patient being treated at the Eastern Epworth Private Hospital using an electronic or paper based medication chart (and that patient is named on the chart) then that medication chart will be taken to be a duly written prescription within the meaning of Regulation 19 of the Regulations.
This paragraph also sets out the conditions which need to be met in order for the medication chart to be taken as a duly written prescription within the meaning of Regulation 19 of the Regulations. The conditions set out in this paragraph are identical to those set out in paragraph 5.
Paragraph 9 varies the effect of Regulation 26A and Regulation 31 of the Regulations under this Arrangement.
Regulation 26A deals with deferred supply and paragraph 8 allows the approved supplier to treat the medication chart as if it were an original prescription and prevents the approved supplier from deferring the supply of one or more of the benefits prescribed.
Regulation 31 deals with the receipt of pharmaceutical benefits. The Arrangement allows the approved supplier or a person authorised by the approved supplier to certify on the medication chart that the pharmaceutical benefit has been supplied, the date on which it was supplied and sign his or her name.
Paragraph 10 provides that the approved supplier must create an electronic record for each pharmaceutical benefit supplied to an in-patient in accordance with the electronic or paper based medication chart. The approved supplier must also keep the electronic record for not less that one year after the day on which the pharmaceutical benefit is supplied.
Paragraph 11 provides that the information provided in the electronic record must set out all the information required to be included by the approved supplier when submitting a claim in accordance with in Part 4 of the Schedule to the Rules in force under subsection 99AAA(8) of the Act.
Paragraph 12 provides that subject to paragraph 12, an Approved Supplier may submit a claim for payment without including the medication chart for each pharmaceutical benefit which has been supplied.
Paragraph 13 provides that the Approved Supplier must provide the Medicare Australia CEO with a copy of all or any electronic pharmacy record, if this is required.
Paragraph 14 provides that the hospital must provide the Medicare Australia CEO with a copy of all or any medication charts, if this is required.
Paragraph 15 provides that where information is provided by the Approved Supplier to the Secretary by electronic means it must comply with the requirements of paragraph 5 of, and the Schedule to, the Rules in force under subsection 99AAA(8) of the Act.
Schedule 1 to the arrangements identifies Epworth Eastern Private Hospital as the private hospital approved to participate in the trial, and identifies David Slade (trading as Slade Pharmacy), as the approved pharmacist for the purpose of the trial.