EXPLANATORY STATEMENT
NATIONAL HEALTH ACT 1953
National Health (Paraplegic and Quadriplegic Program) Special Arrangement Amendment Instrument 2012
PB 42 of 2012
Authority
Subsection 100(1) of the National Health Act 1953 (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 have effect subject to a special arrangement made under subsection 100(1).
Purpose
The purpose of this legislative instrument, made under subsections 100(1) and (2) of the Act, is to amend the National Health (Paraplegic and Quadriplegic Program) Special Arrangement 2010 (PB 118 of 2010) (the Special Arrangement) to make a change to the special arrangement relating to the Paraplegic and Quadriplegic Program.
This Special Arrangement permits three specified paraplegic and quadriplegic associations (‘authorised associations’) to supply certain pharmaceutical benefits which relate to bowel management to persons with paraplegia or quadriplegia.
To be eligible to receive a supply of pharmaceutical benefits from a specified paraplegic and quadriplegic association under this Arrangement (an ‘eligible person’ under this Arrangement), a person with paraplegia or quadriplegia must be a member of the authorised association. The person must also be an ‘eligible person’ within the meaning of the Health Insurance Act 1973, that is, eligible to receive Medicare benefits.
Supply under this Arrangement does not require a PBS prescription, and the applicable patient co-payment that would apply for general supply on the PBS does not apply. Supply is for a maximum per month that is slightly higher than that permitted for general supply on the PBS.
The paraplegic and quadriplegic association may charge an amount (if applicable) equal to the cost of sending the pharmaceutical benefit to the person. The Commonwealth pays the paraplegic and quadriplegic association an amount worked out in accordance with this Special Arrangement.
This instrument amends the Special Arrangement to provide that if a pharmaceutical benefit supplied under the Special Arrangement has a determined price an additional amount is payable to authorised associations.
On 1 April 2012 an amendment to the section 85B determination under the Act meant that the listed brand ‘Dulcolax’, available for supply under this Special Arrangement, changed from an ‘agreed price’ to a ‘determined price’, and a special patient contribution would normally be payable by the patient under normal PBS supply.
This Instrument has a retrospective commencement from 1 April 2012 to benefit authorised associations making claims for supply of ‘Dulcolax’ on and from 1 April 2012. This Instrument does not breach subsection 12(2) of the Legislative Instruments Act 2003 as it does not affect the rights of a person so at to disadvantage them or impose any liabilities on a person except the Commonwealth.
Consultation
The amendment made by this instrument is minor and machinery in nature.
This instrument commences on 1 April 2012.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.