EXPLANATORY STATEMENT
National Health Act 1953
National Health (Pharmaceutical Benefits Supplied By Public Hospitals) Amendment
Determination 2010
PB 114 of 2010
Purpose
The purpose of this determination is to make minor consequential amendments, under section 99(4) of the National Health Act 1953 (the Act), to the National Health Act 1953 - Determination under subsection 99(4) (27/10/2006) ('the Principal Determination'). These amendments relate to:
- moving certain pricing provisions about chemotherapy pharmaceuticals supplied under a section 100 arrangement to the relevant section 100 arrangement; and
- the making of the National Health (Listing of Pharmaceutical Benefits) Instrument 2010.
Background
The Principal Determination sets out the rates of payment for the supply of pharmaceutical benefits by a public hospital authority approved under section 94 of the Act. Under the Principal Determination, the rate payable differs depending upon whether the pharmaceutical benefit supplied is a ready-prepared pharmaceutical benefit, chemotherapy pharmaceutical, or extemporaneously-prepared pharmaceutical benefit (however, the provisions relating to chemotherapy pharmaceuticals are being removed by this determination).
This Arrangement
In line with changes made by the National Health Amendment (Pharmaceutical Benefits Scheme) Act 2010, a number of arrangements under section 100 of the National Health Act 1953 ('the Act') are being revised. As part of this process, provisions relating to the dispensed price of chemotherapy pharmaceuticals are being included in the section 100 arrangements for the Chemotherapy Pharmaceuticals Access Program, in order to be consistent with all other section 100 arrangements. These provisions relating to the pricing of chemotherapy pharmaceuticals are currently located in the Principal Determination. This determination therefore amends the Principal Determination to delete those provisions. The amendments will make no difference to current practice; calculation of the dispensed price for chemotherapy pharmaceuticals will remain the same.
This determination also inserts a note into the Principal Determination, to alert readers of that determination to the fact that special arrangements made under section 100 of the Act may modify the effect of that determination.
Further, this determination makes a minor amendment to the Principal Determination to update the reference to another instrument. This amendment is a consequence of the making of the National Health (Listing of Pharmaceutical Benefits) Instrument 2010 (which remakes a number of instruments and consolidates them into one composite listing instrument).
A provision-by-provision description of this determination is contained in the Attachment.
Consultation
The changes made by this determination are technical changes which are consequential to amendments being made to other instruments. There is no change to current practice as a result of these amendments and therefore no consultation on this determination was considered necessary.
General
This determination commences on 1 December 2010.
This determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
ATTACHMENT
Paragraph 1 – Name of Determination
Paragraph 1 provides that the name of the determination is the National Health (Pharmaceutical Benefits Supplied by Public Hospitals) Amendment Determination 2010 and that it may also be cited as PB 114 of 2010.
Paragraph 2 – Commencement
Paragraph 2 provides that the determination commences on 1 December 2010.
Paragraph 3 – Purpose
Paragraph 4 provides that amendments to the National Health Act 1953 - Determination under subsection 99(4) (27/10/2006) are set out in Schedule 1.
Schedule 1
Item [1] inserts a note under the heading 'Part I—General' in the Principal Determination, to alert readers of the Principal Determination to the fact that special arrangements made under section 100 of the Act may modify the effect of the Principal Determination.
Item [2] deletes the reference to 'Part III—Chemotherapy Pharmaceuticals' from paragraph 2 of the Principal Determination, as a consequence of Part III being deleted - see Item 5 of this Schedule.
Item [3] deletes the definition of 'Chemotherapy Pharmaceutical' from paragraph 3 of the Principal Determination, as a consequence of Part III being deleted - see Item 5 of this Schedule.
Item [4] deletes the words 'or a Chemotherapy Pharmaceutical' within the definition of 'extemporaneously-prepared pharmaceutical benefit' in paragraph 3 of the Principal Determination, as a consequence of Part III being deleted - see Item 5 of this Schedule.
Item [5] deletes Part III (relating to Chemotherapy Pharmaceuticals) of the Principal Determination, as these provisions are being inserted into the instrument made under section 100 of the Act for the Chemotherapy Pharmaceuticals Access Program, in order to be consistent with other section 100 arrangements.
Item [6] updates a reference to the Minister's Determination under sections 85 and 85A of the Act in paragraph 35 of the Principal Determination, as a consequence of the making of that determination in the National Health (Listing of Pharmaceutical Benefits) Instrument 2010.