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PB 107 of 2017 Arrangements as amended, taking into account amendments up to National Health (Remote Area Aboriginal Health Services Program) Special Arrangement Amendment Instrument 2019 (No. 1) (PB 52 of 2019)
Administered by: Health
Registered 09 Jul 2019
Start Date 01 Jul 2019

Commonwealth Coat of Arms of Australia

National Health (Remote Area Aboriginal Health Services Program) Special Arrangement 2017 (PB 107 of 2017)

made under section 100 of the

National Health Act 1953

Compilation No. 2

Compilation date:                              1 July 2019

Includes amendments up to:            PB 52 of 2019

Registered:                                         9 July 2019

 

About this compilation

This compilation

This is a compilation of the National Health (Remote Area Aboriginal Health Services Program) Special Arrangement 2017 (PB 107 of 2017) that shows the text of the law as amended and in force on 1 July 2019 (the compilation date).

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 (www.legislation.gov.au). 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.

Editorial changes

For more information about any editorial changes made in this compilation, see 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part 1—Preliminary                                                                                                                                        1

1............ Name............................................................................................................................. 1

3............ Authority....................................................................................................................... 1

5............ Simplified outline of this instrument.............................................................................. 1

6............ Definitions..................................................................................................................... 1

7............ Purpose of this instrument............................................................................................. 2

Part 2—Approval of Aboriginal health services                                                                           3

8............ Applications for approval of Aboriginal health services................................................ 3

9............ Approval of Aboriginal health services......................................................................... 3

10.......... Registration number...................................................................................................... 4

Part 3—Orders for supply of pharmaceutical benefits to Aboriginal health services     5

11.......... Eligible orders............................................................................................................... 5

12.......... Remote area Aboriginal health service prescriptions..................................................... 5

Part 4—Payments for supply of pharmaceutical benefits to Aboriginal health services               7

13.......... When a pharmaceutical benefit is supplied under this special arrangement.................... 7

14.......... Payments for supply of pharmaceutical benefits to Aboriginal health services.............. 7

15.......... Amount of payments..................................................................................................... 7

16.......... Claims for payments...................................................................................................... 8

Part 5—Miscellaneous                                                                                                                                   9

17.......... No charge for supply of eligible pharmaceutical benefits by approved Aboriginal health services           9

18.......... Modified application of conditions of approval for approved pharmacists.................... 9

Part 6—Transitional provisions                                                                                                             10

19.......... Previously registered Aboriginal health services......................................................... 10

Endnotes                                                                                                                                                               11

Endnote 1—About the endnotes                                                                                                      11

Endnote 2—Abbreviation key                                                                                                          12

Endnote 3—Legislation history                                                                                                       13

Endnote 4—Amendment history                                                                                                     14

 


Part 1Preliminary

  

1  Name

             (1)  This instrument is the National Health (Remote Area Aboriginal Health Services Program) Special Arrangement 2017 (PB 107 of 2017).

             (2)  This instrument may also be cited as PB 107 of 2017.

3  Authority

                   This instrument is made under section 100 of the National Health Act 1953.

5  Simplified outline of this instrument

This instrument makes a special arrangement for the supply of pharmaceutical benefits for patients of Aboriginal health services in remote areas.

To participate in the special arrangement, an Aboriginal health service must be approved by the Health Secretary under Part 2.

Part 4 provides for payments to approved pharmacists and approved hospital authorities that supply pharmaceutical benefits under this special arrangement to participating Aboriginal health services. The pharmaceutical benefits must (under Part 3) be supplied:

       (a)     on a bulk basis; or

      (b)     on presentation of a remote area Aboriginal health service prescription.

6  Definitions

Note:          A number of expressions used in this instrument are defined in the Act, including Chief Executive Medicare.

                   In this instrument:

Act means the National Health Act 1953.

approved Aboriginal health service means an Aboriginal health service for which an approval is in force under section 9.

approved hospital authority has the meaning given by subsection 84(1) of the Act.

approved pharmacist has the meaning given by subsection 84(1) of the Act.

eligible order has the meaning given by section 11.

eligible pharmaceutical benefit means a ready‑prepared pharmaceutical benefit, other than a pharmaceutical benefit that:

                     (a)  can only be supplied under Part VII of the Act in accordance with a special arrangement under section 100 of the Act; or

                     (b)  can only be supplied under Part VII of the Act under the prescriber bag provisions; or

                     (c)  is referred to in Schedule 8 to the current Poisons Standard (within the meaning of the Therapeutic Goods Act 1989).

Health Secretary means the Secretary of the Department.

medicare number has the meaning given by subsection 84(1) of the Act.

pack quantity has the meaning given by subsection 84(1) of the Act.

PBS prescriber has the meaning given by subsection 84(1) of the Act.

Note:          PBS is short for pharmaceutical benefits scheme.

pharmaceutical benefit has the meaning given by subsection 84(1) of the Act.

prescriber bag provisions has the meaning given by subsection 84(1) of the Act.

ready‑prepared pharmaceutical benefit means a pharmaceutical benefit to which paragraph (d) of the definition of pharmaceutical benefit in subsection 84(1) of the Act applies.

registration number has the meaning given by section 10.

remote area Aboriginal health service prescription has the meaning given by section 12.

remote zone has the meaning given by the Rural, Remote and Metropolitan Area Classification, 1991 Census Edition, published by the Department of Primary Industries and Energy and the Department of Human Services and Health, as in force in November 1994.

under this special arrangement has the meaning given by section 13.

7  Purpose of this instrument

                   This instrument makes a special arrangement for providing that an adequate supply of pharmaceutical benefits will be available to persons who are living in isolated areas.

Part 2Approval of Aboriginal health services

  

8  Applications for approval of Aboriginal health services

             (1)  An Aboriginal health service may apply to the Health Secretary to be approved for the purposes of this instrument.

             (2)  The application must be made:

                     (a)  in writing; and

                     (b)  in the form (if any) approved under subsection (3).

             (3)  For the purposes of subsection (2), the Health Secretary may, in writing, approve a form for applications.

9  Approval of Aboriginal health services

             (1)  If the Health Secretary receives an application in accordance with section 8 to approve an Aboriginal health service, the Health Secretary must, as soon as is reasonably practicable:

                     (a)  if the Health Secretary is satisfied that the conditions in subsection (2) of this section are satisfied:

                              (i)  approve the Aboriginal health service by notice in writing given to the Aboriginal health service; and

                             (ii)  notify the Chief Executive Medicare in writing; or

                     (b)  otherwise—refuse the application by notice in writing given to the Aboriginal health service.

             (2)  For the purposes of paragraph (1)(a), the conditions are:

                     (a)  the Aboriginal health service has a primary function of meeting the health care needs of Aboriginal and Torres Strait Islander people; and

                     (b)  each clinic or other health care facility operated by the Aboriginal health service and from which eligible pharmaceutical benefits are supplied to patients is in a remote zone; and

                     (c)  the Aboriginal health service is not an approved pharmacist or an approved hospital authority; and

                     (d)  one or more employees or contractors of the Aboriginal health service are health professionals who are qualified under the law of the relevant State or Territory to supply all eligible pharmaceutical benefits; and

                     (e)  were the Aboriginal health service to be approved:

                              (i)  it would maintain a stock of eligible pharmaceutical benefits supplied to the Aboriginal health service under this special arrangement; and

                             (ii)  it would store the stock of pharmaceutical benefits in storage facilities that meet the requirements of subsection (3); and

                            (iii)  the pharmaceutical benefits would be supplied to patients of the Aboriginal health service only by, or under the direction of, the qualified employees or contractors mentioned in paragraph (d).

             (3)  For the purposes of subparagraph (2)(e)(ii), the storage facilities must:

                     (a)  prevent access by unauthorised persons; and

                     (b)  maintain the quality (for example, chemical and biological stability and sterility) of the pharmaceutical benefits; and

                     (c)  comply with any special conditions specified by the manufacturer of the pharmaceutical benefits.

10  Registration number

                   As soon as is reasonably practicable after being notified under subparagraph 9(1)(a)(ii) that the Health Secretary has approved an Aboriginal health service, the Chief Executive Medicare must, by notice in writing given to the approved Aboriginal health service, allocate a unique number (the approved Aboriginal Health service’s registration number) to the Aboriginal health service.

Part 3Orders for supply of pharmaceutical benefits to Aboriginal health services

  

11  Eligible orders

             (1)  An eligible order is an order made:

                     (a)  by an approved Aboriginal health service to an approved pharmacist or approved hospital authority for the supply of eligible pharmaceutical benefits to the Aboriginal health service; and

                     (b)  in writing; and

                     (c)  in the form (if any) approved under subsection (2).

             (2)  For the purposes of paragraph (1)(c), the Chief Executive Medicare may, in writing, approve a form for eligible orders.

12  Remote area Aboriginal health service prescriptions

             (1)  A remote area Aboriginal health service prescription for a patient of an approved Aboriginal health service is a prescription that:

                     (a)  is for the supply of an eligible pharmaceutical benefit in relation to the treatment of the patient; and

                     (b)  states the name, address and (if known) medicare number of the patient; and

                     (c)  identifies the pharmaceutical benefit by such particulars as are necessary to identify the pharmaceutical benefit; and

                     (d)  states the:

                              (i)  quantity or number of units; and

                             (ii)  form; and

                            (iii)  strength;

                            of the pharmaceutical benefit to be supplied; and

                     (e)  indicates the pharmaceutical benefit’s dose, frequency of administration and route of administration; and

                      (f)  is written and signed by a person mentioned in subsection (2); and

                     (g)  states:

                              (i)  the name and address of the person writing the prescription; and

                             (ii)  the name and registration number of the approved Aboriginal Health service; and

                            (iii)  the date on which the prescription is written; and

                     (h)  is in the form (if any) approved under subsection (3).

             (2)  A person is authorised to write a remote area Aboriginal health service prescription for a patient of an approved Aboriginal health service if the person is:

                     (a)  a PBS prescriber; and

                     (b)  an employee or contractor of the Aboriginal health service; and

                     (c)  qualified under the law of the relevant State or Territory to supply all eligible pharmaceutical benefits.

             (3)  For the purposes of paragraph (1)(h), the Health Secretary may, in writing, approve a form for remote area Aboriginal health service prescriptions.

Part 4Payments for supply of pharmaceutical benefits to Aboriginal health services

  

13  When a pharmaceutical benefit is supplied under this special arrangement

             (1)  An eligible pharmaceutical benefit is supplied to an approved Aboriginal health service under this special arrangement if it is supplied:

                     (a)  by an approved pharmacist or an approved hospital authority; and

                     (b)  in response to an eligible order made by the approved Aboriginal health service; and

                     (c)  directly to the approved Aboriginal health service; and

                     (d)  in a pack quantity; and

                     (e)  either:

                              (i)  as part of a bulk supply to the Aboriginal health service; or

                             (ii)  on presentation of a remote area Aboriginal health service prescription for a patient of the approved Aboriginal health service and in accordance with subsection (2).

             (2)  For the purposes of subparagraph (1)(e)(ii), the pharmaceutical benefit must be prepared and labelled in accordance with the remote area Aboriginal health service prescription.

14  Payments for supply of pharmaceutical benefits to Aboriginal health services

             (1)  An approved pharmacist or approved hospital authority that supplies a pack quantity of a pharmaceutical benefit to an approved Aboriginal health service under this special arrangement is entitled to be paid by the Commonwealth, for the supply, the amount worked out under section 15.

             (2)  To avoid doubt, a reference in Part VII of the Act to payment in relation to the supply of a pharmaceutical benefit includes a reference to payment under subsection (1) of this section.

15  Amount of payments

             (1)  The amount to which an approved pharmacist or approved hospital authority is entitled under subsection 14(1) for the supply of a pack quantity of an eligible pharmaceutical benefit is the sum of the following amounts:

                     (a)  the price to pharmacists for the pack quantity (worked out in accordance with the determination that is in force under paragraph 98B(1)(a) of the Act at the time of the supply of the pharmaceutical benefit);

                     (b)  an amount equal to the administration, handling and infrastructure fee for the pack quantity (worked out in accordance with that determination);

                     (c)  a handling fee of $3.08;

                     (d)  if subparagraph 13(1)(e)(ii) of this instrument applies—a s100 Remote Area Aboriginal Health Service Patient Specific Medicine Supply Fee of $4.84.

Note:          In 2017, the relevant determination under paragraph 98B(1)(a) of the Act was PB 64 of 2015.

             (2)  To avoid doubt, no additional amount is payable for the cost of transportation or cold chain maintenance.

16  Claims for payments

             (1)  An approved pharmacist or approved hospital authority that wants to receive payment from the Commonwealth under subsection 14(1) must make a claim for payment to the Chief Executive Medicare.

             (2)  The claim must be made:

                     (a)  in writing; and

                     (b)  in the form (if any) approved under subsection (3) of this section.

             (3)  For the purposes of paragraph (2)(b), the Chief Executive Medicare may, in writing, approve a form for claims.

             (4)  Despite subsection 14(2) of this instrument, subsections 99AAA(2), (4) and (5) of the Act do not apply in relation to a claim made under this section.

Part 5Miscellaneous

  

17  No charge for supply of eligible pharmaceutical benefits by approved Aboriginal health services

                   An Aboriginal health service must not demand or receive a payment or other valuable consideration in respect of the supply of a pharmaceutical benefit to a patient of the Aboriginal health service by the Aboriginal health service, if the eligible pharmaceutical benefit was supplied to the Aboriginal health service under this special arrangement.

18  Modified application of conditions of approval for approved pharmacists

                   Subsection 9(3) of Determination No. PB 70 of 2017 does not apply to the supply of a pharmaceutical benefit to an approved Aboriginal health service under this special arrangement.

Part 6Transitional provisions

  

19  Previously registered Aboriginal health services

             (1)  An Aboriginal health service that, immediately before the commencement of this section, was registered for the purposes of the National Health (Remote Aboriginal Health Services Program) Special Arrangements Instrument 2010 (the old instrument) is taken, from the commencement of this section, to have been approved under paragraph 9(1)(a) of this instrument.

             (2)  The approval number that was allocated to the Aboriginal health service by DHS (within the meaning of the old instrument) in relation to that registration is taken, from the commencement of this section, to be a registration number allocated to the Aboriginal health service under section 10 of this instrument.


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

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

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

PB 107 of 2017

19 Dec 2017 (F2017L01653)

1 Jan 2018 (s 2(1) item 1)

 

PB 62 of 2018

29 June 2018 (F2018L00954)

1 July 2018 (s 2)

PB 52 of 2019

17 June 2019 (F2019L00826)

1 July 2019 (s 2)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

s 2.............................................

rep LA s 48D

s 4.............................................

rep LA s 48C

Part 4

 

s 15...........................................

am PB 62 of 2018; PB 52 of 2019

Schedule 1................................

rep LA s 48C