Arrangements made under subparagraph 100(1)(b)(i) — IVF/GIFT Program
(No. PB 26 of 2007)

as amended

made under subparagraph 100 (1) (b) (i) of the

This compilation was prepared on 1 September 2008
taking into account amendments up to No. PB 91 of 2008

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Arrangements made under subparagraph 100 (1) (b) (i) — IVF/GIFT Program (No. PB 26 of 2007)

Commencement [see Note 1]

1.       (a)     These Arrangements commence on 1 April 2007.

          (b)     The Arrangements made on 23 October 2006 with effect from 1 November 2006 (No. PB 55 of 2006) are repealed with effect from the commencement of these Arrangements.

Eligibility for special pharmaceutical products

2.       Subject to paragraph 3, patients who are eligible persons within the meaning of the Health Insurance Act 1973 will be provided free of charge with the special pharmaceutical products specified in the Schedule to these Arrangements.

3.       Patients are eligible to be provided with special pharmaceutical products under these Arrangements for the following purposes only:

          (a)     in the case of the special pharmaceutical products specified in Part 1 of the Schedule — for patients who are receiving treatment as described in item 13200 or 13203 of the Health Insurance (General Medical Services Table) Regulations 2007; or

          (b)     in the case of the special pharmaceutical products specified in Part 2 of the Schedule — for luteal phase support in patients who are receiving treatment as described in item 13200 of the Health Insurance (General Medical Services Table) Regulations 2007, where the luteal phase is defined as the time span from embryo transfer until implantation confirmed by positive beta human chorionic gonadotrophin measurement.

4.       Payment of a medicare benefit for item 13200 or 13203, as the case requires, of the Health Insurance (General Medical Services Table) Regulations 2007, will be evidence of eligibility for the supply of the special pharmaceutical products specified in the Schedule to these Arrangements.

5.       The special pharmaceutical products specified in the Schedule to these Arrangements must not be supplied for treatment rendered in conjunction with surrogacy arrangements. This is consistent with rule 81 of the Health Insurance (General Medical Services Table) Regulations 2007, which provides that medicare benefits are not payable under item 13200 or 13203 in these circumstances.

6.       In order to obtain the supply of the special pharmaceutical products specified in the Schedule to these Arrangements, a provider is required to notify the Chief Executive Officer of Medicare Australia of the medicare number, within the meaning of subsection 84(1) of the National Health Act 1953, that is applicable to the patient.

Notes to the Arrangements made under
subparagraph 100(1)(b)(i) — IVF/GIFT Program
(No. PB 26 of 2007)

Note 1

The Arrangements made under subparagraph 100(1)(b)(i) — IVF/GIFT Program (No. PB 26 of 2007) (in force under subparagraph 100 (1) (b) (i) of the National Health Act 1953) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Table of Amendments