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National Health (Subsection 84C(7)) Determination 2010

Authoritative Version
  • - F2010L02139
  • In force - Superseded Version
  • View Series
Determinations/Health as made
This Determination provides the manner in which the price of all or any pharmaceutical benefits and repatriation pharmaceutical benefits are to be ascertained for the purpose of the Safety Net.
Administered by: Health
Registered 26 Jul 2010
Tabling HistoryDate
Tabled HR28-Sep-2010
Tabled Senate28-Sep-2010

I, ANDREA KUNCA, Acting Assistant Secretary, Community Pharmacy Branch, a delegate of the Minister for Health and Ageing, make this Determination under subsection 84C (7) of the National Health Act 1953.

Dated 20 July 2010

 

ANDREA KUNCA


1              Name of Determination

                This Determination is the National Health (Subsection 84C (7)) Determination 2010.

2              Commencement

                This Determination commences on 1 August 2010.

3              Revocation

                The Determination under subsection 84C (7) that commenced on 1 August 2006 is revoked.

4              Definitions

                In this Determination:

Act means the National Health Act 1953.

extemporaneously-prepared pharmaceutical benefit means a pharmaceutical benefit that is not a ready-prepared pharmaceutical benefit.

ready-prepared pharmaceutical benefit means a brand of a pharmaceutical item for which there is a determination under subsection 85 (6) of the Act.

5              Manner of ascertaining price for pharmaceutical benefits and repatriation pharmaceutical benefits

         (1)   For subsection 84C (7) of the Act, the price for a pharmaceutical benefit or repatriation pharmaceutical benefit is the total of the following:

                (a)    the Commonwealth price for the supply of the benefit by an approved pharmacist, worked out in accordance with a determination under paragraph 98B (1) (a) of the Act;

               (b)    the amount mentioned in section 6.

Note 1   Subsection 84C (8) of the Act provides that a manner of ascertaining the price for a pharmaceutical benefit or repatriation pharmaceutical benefit determined under subsection 84C (7) of the Act must be based on:

(a)   for a pharmaceutical benefit that is a listed brand of a pharmaceutical item — the approved price to pharmacists of the brand of the pharmaceutical item that was in force on the first day of the month of the year in which the supply occurs; and

(b)   for any other pharmaceutical benefit or a repatriation pharmaceutical benefit — the basic wholesale price of each ingredient that is applicable on the day on which the supply occurs.

The calculation of the Commonwealth price takes as the basis the approved price to pharmacists (see paragraph 98B (2) (a) of the Act) or the basic wholesale price (see paragraph 98B (2) (b) of the Act).

Note 2   Paragraph 84C (8) (c) of the Act provides that the manner determined under subsection 84C (7) of the Act must provide for the addition of any fees and other amounts determined by the Tribunal for paragraph 98B (2) (c) of the Act. The Commonwealth price includes any fees and amounts determined by the Tribunal for that paragraph.

         (2)   However, the price for a pharmaceutical benefit or repatriation pharmaceutical benefit must not be more than the amount that the approved supplier may charge for the supply of the benefit under subsection 87 (2) or (3) of the Act.

6              Additional amount

         (1)   For paragraph 84C (8) (d) of the Act, the amounts are as follows:

                (a)    for a ready-prepared pharmaceutical benefit, other than an admixed ready-prepared pharmaceutical benefit — $1.07;

               (b)    for an extemporaneously-prepared pharmaceutical benefit or an admixed ready-prepared pharmaceutical benefit — $1.41.

         (2)   In this section:

admixed ready-prepared pharmaceutical benefit means a pharmaceutical benefit mentioned in Schedule 1 to the determination under paragraph 98C (1) (b) of the Act.

Note   Pharmaceutical benefits that involve the admixture of ready-prepared ingredients are set out in Schedule 1 to the determination under paragraph 98C (1) (b) of the Act.


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.