National Health (Epworth and Cabrini Private Hospitals Paperless Prescribing and Claiming Trial) Special Arrangement Amendment Instrument 2016 (PB 10 of 2016)

Overview

The National Health (Epworth and Cabrini Private Hospitals Paperless Prescribing and Claiming Trial) Special Arrangement Amendment Instrument 2016 was enacted to amend the existing special arrangement under the National Health Act 1953 for a trial involving paperless prescribing and claiming at Epworth and Cabrini Private Hospitals. This amendment was made pursuant to section 100 of the Act, which allows the Minister to create special arrangements for the supply of pharmaceutical benefits and provides for the variation or revocation of such arrangements. The primary purpose of this amendment was to update the approval numbers for two of the approved suppliers participating in the trial, following written advice from Epworth Richmond Hospital and Epworth Eastern Hospital about changes in their approval numbers and ownership structure. This amendment ensures the continued smooth operation of the trial by reflecting the current legal entities involved. The instrument is a legislative measure made by the Minister for Health under the authority granted by the Parliament of Australia. The policy objective of this amendment is to maintain the integrity and functionality of the National Health (Epworth and Cabrini Private Hospitals Paperless Prescribing and Claiming Trial) Special Arrangement, ensuring that it operates efficiently and in compliance with current legal requirements. The instrument is set to commence on the day after its registration on the Federal Register of Legislative Instruments, formalising the updates to the special arrangement.

Scope and Application

The National Health (Epworth and Cabrini Private Hospitals Paperless Prescribing and Claiming Trial) Special Arrangement Amendment Instrument 2016 applies to the National Health (Epworth and Cabrini Private Hospitals Paperless Prescribing and Claiming Trial) Special Arrangement 2015, specifically targeting the two approved suppliers involved in the trial, namely Epworth Richmond Hospital and Epworth Eastern Hospital. This amendment is necessary due to changes in the approval numbers and ownership structures of these hospitals, and it is made under the authority granted by the National Health Act 1953. The amendment updates the relevant sections of the original special arrangement to reflect these changes, ensuring that the trial can continue smoothly without legal impediments. The instrument's geographic and jurisdictional reach is limited to the Commonwealth of Australia, as it is made under the National Health Act 1953, a federal statute. It does not extend to state or territory laws and is confined to the specific terms of the special arrangement concerning the Epworth and Cabrini hospitals. The instrument itself does not introduce any new exclusions, exemptions, or thresholds but rather rectifies existing ones by updating the approval numbers. Subordinate instruments may further extend or restrict the application of the Act, but this specific amendment is limited to the amendments noted in the Schedule.

Key Provisions

The National Health (Epworth and Cabrini Private Hospitals Paperless Prescribing and Claiming Trial) Special Arrangement Amendment Instrument 2016 (section 1) amends the National Health (Epworth and Cabrini Private Hospitals Paperless Prescribing and Claiming Trial) Special Arrangement 2015. The instrument updates the approval numbers for two participating suppliers (sections 3 and Schedule [2]). Specifically, it removes outdated references to section 13 of the Legislation Act 2003 from the definitions (Schedule [1]) and updates the approval numbers of Epworth Richmond Hospital and Epworth Eastern Hospital to reflect changes in their ownership structure (Schedule [2]). This instrument is made under section 100(1) and (2) of the National Health Act 1953, which allows the Minister to establish special arrangements for the supply of pharmaceutical benefits and to vary or revoke these arrangements. This Act imposes certain obligations on the parties involved in the trial. Firstly, the participating suppliers, Epworth Richmond Hospital and Epworth Eastern Hospital, must update their approval numbers to reflect any changes in their ownership structure (Schedule [2]). This ensures that the trial continues to be conducted with the correct and current information. Additionally, the Minister has the authority to vary or revoke the special arrangement if necessary (section 100(2)). This power allows for the flexibility to adapt the arrangement in response to changing circumstances or if issues arise during the trial. For breaches of the obligations set out in the Act, there are specific consequences. While the Act does not detail specific penalties for breaches of the special arrangement, general provisions of the National Health Act 1953 may apply. Typically, breaches of the Act could lead to civil or criminal penalties, depending on the nature and severity of the breach. For civil penalties, the maximum fines can be substantial, often aligning with the penalties specified in the Health Insurance (Medicare) Regulations 1965. In cases of criminal offences, the penalties can include fines and imprisonment, as outlined in the relevant sections of the National Health Act 1953 and other related legislation. These penalties serve as a deterrent to ensure compliance with the Act and the special arrangement.