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 August 2009
taking into account amendments up to No. PB 73 of 2009
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(b) The Arrangements made on 23 October 2006 with effect from 1 November 2006 (No. PB 55 of 2006) are repealed with effect from the commencement of these Arrangements.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 2008 as in force from time to time; 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 2008 as in force from time to time, 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 2008 as in force from time to time, 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 2008 as in force from time to time, 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
| Title | Date of FRL
Registration | Date of
commencement | Application,
saving or
transitional
provisions |
| No. PB 26 of 2007 | 15 Mar 2007 (see F2007L00667) | 1 Apr 2007 | |
| No. PB 41 of 2007 | 4 May 2007 (see F2007L01249) | 1 June 2007 | — |
| No. PB 76 of 2007 | 21 Sept 2007 (see F2007L03773) | 1 Oct 2007 | — |
| No. PB 91 of 2008 | 29 Aug 2008 (see F2008L03282) | 1 Sept 2008 | — |
| No. PB 106 of 2008 | 31 Oct 2008 (see F2008L04288) | 1 Nov 2008 | — |
| No. PB 7 of 2009 | 19 Jan 2009 (see F2009L00108) | 1 Feb 2009 | — |
| No. PB 73 of 2009 | 17 July 2009 (see F2009L02827) | 1 Aug 2009 | — |
Table of Amendments
| ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
| Provision affected | How affected |
| S. 3......................................... | am. PB 91 and 106 of 2008; PB 7 of 2009 |
| S. 4......................................... | am. PB 91 and 106 of 2008; PB 7 of 2009 |
| S. 5......................................... | am. PB 91 and 106 of 2008; PB 7 of 2009 |
| The Schedule | |
| Part 1 | |
| Heading to Part 1................ | am. PB 91 and 106 of 2008 |
| Part 1...................................... | am. PB 76 of 2007; PB 91 of 2008; PB 7 and 73 of 2009 |
| Part 2 | |
| Part 2...................................... | am. PB 41 and 76 of 2007 |