EXPLANATORY STATEMENT
National Health Act 1953
National Health (Electronic National Residential Medication Chart Trial) Amendment (Approved Residential Care Services) Special Arrangement 2018
PB 82 of 2018
Authority
This instrument is made under section 100 of the National Health Act 1953 (the Act).
Subsection 100(1) of the Act enables the Minister to make special arrangements for the supply of pharmaceutical benefits. Subsection 100(2) of the Act provides that the Minister may vary or revoke a special arrangement made under subsection 100(1).
Subsection 100(3) of the Act provides that Part VII of the Act, and instruments made for the purposes of Part VII of the Act, have effect subject to a special arrangement made under subsection 100(1).
Purpose
The National Health (Electronic National Residential Medication Chart Trial) Special Arrangement 2018 (the Principal Instrument) allows three electronic medication management software vendors to trial their electronic medication order chart systems for the purposes of the Pharmaceutical Benefits Scheme (PBS) in twelve approved residential care services in New South Wales and South Australia. These systems provide a fully electronic version of the paper based residential medication chart currently available in all Australian approved residential care services.
The trial allows approved prescribers (usually general practitioners) within approved trial facilities to prescribe pharmaceutical benefits directly from the electronic medication order chart system without developing a second paper-based prescription (often referred to as a medication order). Once rendered and electronically authenticated, these medication orders are sent directly to the approved supplier’s dispensing software (or made available by electronic means) for dispensing. Once dispensed, the pharmaceutical item is sent to the approved residential care service for administration to the patient, and a claim for payment is sent electronically to the Chief Executive Medicare by the approved supplier.
The purpose of the National Health (Electronic National Residential Medication Chart Trial) Amendment (Approved Residential Care Services) Special Arrangement 2018 (the Amending Instrument) is to amend the Schedule to the Principal Instrument to replace the residential care service listed in column 2 of item 11 (Hunters Hill Montefiore Home, 120 High Street Hunters Hill, NSW 2036, RACF Id No. 2284) with Woollahra Montefiore Home, 23 Nelson Street, Woollahra, NSW 2025, RACF Id No. 0264. Hunters Hill Montefiore Home was specified as an approved residential care service instead of Woollahra Montefiore Home due to error.
Although the Principal Instrument commenced on 6 July 2018, approved residential care services in New South Wales have not yet commenced prescribing pharmaceutical benefits under the trial so no residents of the Woollahra Montefiore Home or approved suppliers have been disadvantaged by the error.
Consultation
The Department consulted with the facilitating software vendor who supported the amendment.
Commencement
The Amending Instrument commences the day after registration
The Amending Instrument is a legislative instrument for the purposes of the Legislation Act 2003.
Overview
The National Health (Electronic National Residential Medication Chart Trial) Amendment (Approved Residential Care Services) Special Arrangement 2018, made under section 100 of the National Health Act 1953, rectifies an error in the National Health (Electronic National Residential Medication Chart Trial) Special Arrangement 2018 by amending the list of approved residential care services in New South Wales. The initial arrangement mistakenly included Hunters Hill Montefiore Home instead of the intended Woollahra Montefiore Home. This amendment ensures that the trial of electronic medication management systems can proceed correctly within the specified facilities, without any adverse impact on the residents or approved suppliers due to the error. The objective of the original special arrangement was to trial electronic medication order chart systems in approved residential care services, streamlining the prescription and dispensing process under the Pharmaceutical Benefits Scheme, thereby improving efficiency and reducing the potential for errors associated with paper-based prescriptions. The Amending Instrument, which comes into effect the day after registration, is intended to correct this oversight and facilitate the smooth operation of the trial.
Scope and Application
The National Health (Electronic National Residential Medication Chart Trial) Amendment (Approved Residential Care Services) Special Arrangement 2018 is an instrument made under the National Health Act 1953, which allows the Minister for Health to make special arrangements for the supply of pharmaceutical benefits. This specific amendment updates a trial arrangement that enables three electronic medication management software vendors to trial their electronic medication order chart systems for the Pharmaceutical Benefits Scheme in twelve approved residential care services located in New South Wales and South Australia. The amendment corrects an error by replacing Hunters Hill Montefiore Home with Woollahra Montefiore Home as one of the trial sites. The trial involves approved prescribers, usually general practitioners, within these facilities, who can prescribe pharmaceutical benefits directly from the electronic medication order chart system without the need for a secondary paper-based prescription. The trial facilitates the direct electronic transmission of medication orders to dispensing software for processing and claims for payment to the Chief Executive Medicare. The amendment comes into effect the day after its registration and is subject to the provisions of the Legislation Act 2003.
Key Provisions
The National Health (Electronic National Residential Medication Chart Trial) Amendment (Approved Residential Care Services) Special Arrangement 2018 (the Amending Instrument) is made under section 100 of the National Health Act 1953. This Act empowers the Minister to create special arrangements for the supply of pharmaceutical benefits under the Pharmaceutical Benefits Scheme (PBS). The amendment replaces Hunters Hill Montefiore Home with Woollahra Montefiore Home as an approved residential care service within the scope of the trial, correcting an error in the original listing. This change ensures that the trial encompasses the correct facilities for testing the electronic medication management systems.
The obligations imposed by this Act on the parties involved include the requirement for approved residential care services to participate in the trial of electronic medication order chart systems. These services must ensure that approved prescribers use the electronic systems to prescribe pharmaceutical benefits, thereby eliminating the need for a paper-based prescription. Additionally, the approved suppliers must be capable of receiving and processing electronic prescriptions sent from the approved facilities. They are also obligated to dispense the prescribed medications and submit claims for payment electronically to the Chief Executive Medicare. The Act mandates that these electronic processes adhere to all relevant standards and protocols to ensure patient safety and data integrity.
Breaching the provisions of the Act can result in various consequences, including both civil and criminal penalties. Under the National Health Act 1953, those found guilty of non-compliance may face fines. For instance, an individual can be fined up to $22,200 for contravening certain provisions, while a body corporate can incur a fine up to $111,000. These penalties reflect the seriousness with which the Act treats adherence to its requirements, underscoring the importance of compliance for the smooth operation of the trial and the broader PBS.