EXPLANATORY STATEMENT
National Health (Pharmaceutical Benefits) Regulations 1960
National Health (Payments for prescriber bag supplies) (Repeal) Determination 2015
PB 25 of 2015
Authority
Regulation 18 of the National Health (Pharmaceutical Benefits) Regulations 1960 (the Principal Regulations) provides, for the purpose of subsections 93(3), 93AA(4) and 93AB(4) of the National Health Act 1953 (the Act), for the Minister to determine the Commonwealth rate of payment for a prescriber bag supply of a pharmaceutical benefit.
Purpose
The National Health (Payments for prescriber bag supplies) (Repeal) Determination 2015 (PB 25 of 2015) repeals the National Health (Payments for prescriber bag supplies) Determination 2012 (PB 92 of 2012).
The repeal is consequential to a change to the Principal Regulations, as amended by the National Health (Pharmaceutical Benefits) Amendment (Medication Chart Prescriptions) Regulation 2015 on 1 April 2015.
The regulation amendments provide for a medication chart prescription to be used for hospital patients for prescribing, dispensing and claiming on the Pharmaceutical Benefits Scheme (PBS) and Repatriation PBS (RPBS). These legal requirements build on the existing medication chart prescriptions for persons at a residential aged care facility.
On and from 1 April 2015, the regulation amendments will provide for the Commonwealth rate of payment for prescriber bag supplies in regulation 18, without requiring the reader to refer to a determination made under regulation 18. The rate of Commonwealth payment remains unchanged.
Consultation
Since the announcement of the PBS Medication Charts for Public and Private Hospitals measure in 2014, the Department of Health has undertaken an extensive consultation process involving all key health stakeholders. These consultations indicate widespread and strong support for the trial of the PBS Hospital Medication Chart and amendments required to the Principal Regulations and associated legislative instruments to support the measure. Consulted stakeholders include States and Territories, Australian Private Hospital Association, Society of Hospital Pharmacists of Australia, Pharmaceutical Society of Australia, Pharmacy Guild of Australia, Australian Medical Association, Cancer Voices Australia, Consumers Health Forum of Australia, National Prescribing Service, the Australian Commission on Safety and Quality in Health Care, and the National E-Health Transition Authority.
Similarly, the Department of Human Services has received strong support from a range of stakeholders for the implementation of paperless (electronic) claiming of PBS/RPBS medicines. This includes support for transitional arrangements to ensure stakeholder readiness for the implementation of paperless PBS/RPBS claiming.
This instrument commences on 1 April 2015.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
National Health (Payments for prescriber bag supplies) (Repeal) Determination 2015
This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Instrument
The National Health (Payments for prescriber bag supplies) (Repeal) Determination 2015 (PB 25 of 2015) repeals the National Health (Payments for prescriber bag supplies) Determination 2012 (PB 92 of 2012).
The repeal is consequential to a change to the National Health (Pharmaceutical Benefits) Regulations 1960 (the Regulations), as amended by the National Health (Pharmaceutical Benefits) Amendment (Medication Chart Prescriptions) Regulation 2015 on 1 April 2015.
The Regulations provide for a PBS hospital medication chart prescription to be used for prescribing, dispensing and claiming on the Pharmaceutical Benefits Scheme (PBS) and Repatriation PBS (RPBS), without the need to produce a separate prescription for PBS or RPBS purposes.
On and from 1 April 2015, the Regulations provide for the Commonwealth rate of payment for prescriber bag supplies in regulation 18 of the Regulations, without requiring the reader to refer to a determination under regulation 18. The rate of Commonwealth payment remains unchanged.
Human rights implications
This instrument engages Articles 2 and 12 of the International Covenant on Economic, Social and Cultural Rights by assisting with the progressive realisation by all appropriate means of the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.
The PBS assists with the advancement of these human rights by providing for subsidised access to medicines. The repeal is a minor and technical change.
Conclusion
This instrument is compatible with human rights because it advances the protection of human rights.
Felicity McNeill
First Assistant Secretary
Pharmaceutical Benefits Division
Department of Health