National Health (Pharmaceutical benefits supplied under subsection 93A(4)) Determination 2012 (No. PB 50 of 2012)

National Health (Pharmaceutical benefits supplied under subsection 93A(4)) Determination 2012

(PB 50 of 2012)

as amended

made under regulation 37AA of the National Health (Pharmaceutical Benefits) Regulations 1960

National Health Act 1953

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This compilation was prepared on 26 October 2012
taking into account amendments up to PB 90 of 2012.

Prepared by the Department of Health and Ageing, Canberra

Contents

1 Name of Instrument

2 Commencement

3 Definitions

4 Rate of payment to approved pharmacist or approved medical practitioner

5 Conditions applicable to approved pharmacist and approved medical practitioner

Notes

1 Name of Instrument

1.                 This Instrument is the National Health (Pharmaceutical benefits supplied under subsection 93A(4)) Determination 2012.
2.                 This Instrument may also be cited as PB 50 of 2012.

2 Commencement

This Instrument commences on 1 July 2012.

3 Definitions

In this Determination:

Act means the National Health Act 1953

patient co-payment means the amount charged by an approved pharmacist or approved medical practitioner in accordance with subsection 87(2) of the Act.

Regulations means the National Health (Pharmaceutical Benefits) Regulations 1960.

Note   Terms used in this Determination have the same meaning as in the Act — see section 13 of the Legislative Instruments Act 2003.  These terms include:

 approved medical practitioner

 approved pharmacist

 Commonwealth price

 pharmaceutical benefit

 special patient contribution

4 Rate of payment to approved pharmacist or approved medical practitioner

For regulation 37AA of the Regulations, the rate of payment by the Commonwealth for supply of a pharmaceutical benefit by an approved pharmacist or an approved medical practitioner under subsection 93A(4) of the Act to a prescribed institution mentioned in paragraph 93A(1)(b) of the Act is:

1.                   the amount that the Commonwealth price for the supply of the pharmaceutical benefit by an approved pharmacist or approved medical practitioner (as applicable) exceeds the patient co-payment; and
2.                   the special patient contribution for the supply of the pharmaceutical benefit, if the circumstances determined under subsection 85B(4) of the Act are met.

Note A prescribed institution mentioned in paragraph 93A(1)(b) of the Act is a residential care service within the meaning of the Aged Care Act 1997.

5 Conditions applicable to approved pharmacist and approved medical practitioner

For regulation 37AA of the Regulations, payment for supply of a pharmaceutical benefit by an approved pharmacist or an approved medical practitioner under subsection 93A(4) of the Act to a prescribed institution mentioned in paragraph 93A(1)(b) of the Act is subject to the conditions determined by the Minister under paragraph 98C(1)(b) of the Act.

Note A prescribed institution mentioned in paragraph 93A(1)(b) of the Act is a residential care service within the meaning of the Aged Care Act 1997.

Notes to the National Health (Pharmaceutical benefits supplied under subsection 93A(4)) Determination 2012

(PB 50 of 2012)

Note 1

The National Health (Pharmaceutical benefits supplied under subsection 93A(4)) Determination 2012 (PB 50 of 2012) (in force under regulation 37AA of the National Health (Pharmaceutical Benefits) Regulations 1960 and the National Health Act 1953) as shown in this compilation is amended as indicated in the Tables below.

Table of Determinations

Table of Amendments