PB 18 of 2015

National Health (Epworth and Cabrini Private Hospitals Paperless Prescribing and Claiming Trial) Special Arrangement 2015

made under subsections 100(1) and (2) of the

National Health Act 1953

Compilation No. 1               

Compilation date:                              8 March 2016

Includes amendments up to:            National Health (Epworth and Cabrini Private Hospitals Paperless Prescribing and Claiming Trial) Special Arrangement Amendment Instrument 2016 - PB 10 of 2016

About this compilation

This compilation

This is a compilation of the National Health (Epworth and Cabrini Private Hospitals Paperless Prescribing and Claiming Trial) Special Arrangement 2015 2015 - PB 18 of 2015 that shows the text of the law as amended and in force on 8 March 2016 (the compilation date).

This compilation was prepared on 5 July 2016.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (https://www.legislation.gov.au/Home). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

1          Name of Special Arrangement

(1) This Special Arrangement is the National Health (Epworth and Cabrini Private Hospitals Paperless Prescribing and Claiming Trial) Special Arrangement 2015.

(2) This Special Arrangement may also be cited as PB 18 of 2015.

4          Definitions

In these arrangements:

Act means the National Health Act 1953.

approved supplier means the approved supplier whose name, address and approval number are specified in Column 2 of the Schedule to this Special Arrangement opposite the name of the hospital in Column 1 of the Schedule.

authority prescription means an authority prescription as defined in the Regulations.

hospital means the hospital whose name and address is specified in Column 1 of the Schedule to these arrangements.

in-patient of the hospital means a person who occupies a bed in the hospital for the purpose of hospital treatment, but does not include a member of the staff of the hospital who is receiving treatment in his or her own quarters.

medication chart means either an electronic medication chart or a paper based medication chart.

other Special Arrangement means another Special Arrangement under section 100 of the Act.

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

Rules means the rules under subsection 99AAA(8) and subsection 98AC(4) of the Act.

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

·      Chief Executive Medicare

·      PBS prescriber

·      pharmaceutical benefit

·      Secretary

5          Application of Part VII of the Act

(1)   Each pharmaceutical benefit supplied in accordance with this Special Arrangement is supplied under Part VII of the Act.

            (2)   A provision of Part VII of the Act, or of regulations or other instruments made for Part VII of the Act, applies subject to this Special Arrangement.

Note:  See subsection 100 (3) of the Act.

6          Pharmaceutical benefits covered by this Special Arrangement

(1)   This Special Arrangement applies to a pharmaceutical benefit which is generally available for supply under Part VII of the Act.

(2)   This Special Arrangement does not apply to a pharmaceutical benefit that can only be supplied under Part VII of the Act in accordance with any other Special Arrangement under section 100 of the Act.

                Note: Section 85AA of the Act provides that a pharmaceutical benefit that can only be supplied under Part VII of the Act in accordance with section 100 of the Act will be the subject of a subsection 85(2A) declaration (section 100 only drug), or a determination under paragraph 85(8)(a) (section 100 only pharmaceutical benefit) or paragraph 85(8)(b) (section 100 only circumstances).

7          Prescribing of Pharmaceutical Benefits

A medication chart prepared and signed (in ink in their own handwriting or electronically) by a PBS prescriber on which is prescribed a pharmaceutical benefit for the treatment of the in-patient of the hospital who is named on the medication chart, will be taken to be a duly written prescription, within the meaning of regulation 19 of the Regulations, provided that:

(a)      the location within the hospital of the in-patient for whose treatment the medication chart was prepared will be taken to be the address of that in-patient for the purpose of paragraph 19(1)(d) of Regulations; and

(b)     the medication chart bears the number of the Medicare card, including the sub-numerate, which applies to the in-patient for whose treatment the medication chart was prepared; and

(c)      in the case of a medication chart prepared in respect of an in-patient of the hospital who is not a general patient within the meaning of subsection 84(1) of the Act, the medication chart bears the matters prescribed by regulation 19A of the Regulations; and

(d)     the medication chart bears the identification number issued by the Human Services Department to the PBS prescriber, according to regulation 8A of the Regulations, who prescribed the pharmaceutical benefit; and

(e)      if the medication chart directs, pursuant to paragraph 85A(2)(b) of the Act and subparagraph 19(1)(f)(ii) of the Regulations, that the supply of the pharmaceutical benefit is to be repeated, that direction will be invalid; and

(f)      if the medication chart directs the supply of an increased quantity of a pharmaceutical benefit pursuant to subsection 88(6) of the Act and regulation 24 of the Regulations, that direction will be taken to be a direction to supply the maximum quantity for that benefit determined under paragraph 85A(2)(a) of the Act; and

(g)     the medication chart does not prescribe a pharmaceutical benefit that requires an authority prescription.

8          Supply and Claiming of Pharmaceutical Benefits

(1)      These arrangements will apply to the supply of pharmaceutical benefits by the approved supplier specified in Column 2 of the Schedule to the in-patients of the hospitals specified in Column 1 of the Schedule.

(2)      The approved supplier will supply pharmaceutical benefits to in-patients of the hospital as if medication charts were original prescriptions, provided that:

(a)   where a medication chart contains a direction to supply more than one pharmaceutical benefit, the approved supplier must not, pursuant to regulation 26A of the Regulations, defer the supply of one or more of the benefits; and

(b)   in lieu of the requirements of regulation 31 of the Regulations, the approved supplier, or a person authorised for the purpose by the approved supplier, certifies on the medication chart that the pharmaceutical benefit has been supplied and the date on which it was supplied and signs his or her name.

(3)      The approved supplier must prepare an electronic pharmacy record in respect of each medication chart where a pharmaceutical benefit has been supplied to an in-patient of the hospital for which a claim is made under section 99AAA of the Act, and must retain that electronic pharmacy record for not less than two years after the day on which the pharmaceutical benefit was supplied.

(4)      The electronic pharmacy record referred to in subsection (3) must contain all information required to be included in a prescription record by the Schedule to the Rules for an online claim.

(5)      Subject to subsection (6), a claim by the approved supplier in respect of pharmaceutical benefits supplied to in-patients of the hospital may be furnished unaccompanied by the medication charts in respect of which pharmaceutical benefits have been supplied to in-patients of the hospital.

(6)      If the Chief Executive Medicare notifies the approved supplier that a copy of all or any of the electronic pharmacy records in respect of pharmaceutical benefits supplied to in-patients of the hospital is required to be submitted, that approved supplier shall submit a copy of each such electronic pharmacy record to the Human Services Department.

(7)      If the Chief Executive Medicare notifies the hospital that a copy of all or any of the medication charts in respect of pharmaceutical benefits supplied to in-patients of the hospital is required to be submitted, the hospital shall submit a copy of each such medication chart to the Human Services Department.

(8)      Information provided by electronic means to the Chief Executive Medicare on behalf of the Secretary by the approved supplier in respect of a claim in respect of pharmaceutical benefits supplied to in-patients of the hospital, must conform to the requirements of the Rules for an online claim and the associated provision of under co-payment data under section 98AC of the Act.

9          Transitionals

(1)   If a pharmaceutical benefit was prescribed for an in-patient of a hospital under the old Arrangements, and the supply was not made prior to the commencement of this Special Arrangement, the supply of the pharmaceutical benefit is taken to have been validly prescribed under this Special Arrangement, and may be supplied to the in-patient of the hospital under this Special Arrangement.

(2)   In this section the old Arrangements means the National Health (Epworth and Cabrini Private Hospitals Paperless Prescribing and Claiming Trial) Special Arrangement 2014 (No. PB 68 of 2014)  

THE SCHEDULE

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history