Veterans’ Affairs Pharmaceutical Benefits Schemes Amendment Determination 2020

I, Darren Chester, Minister for Veterans’ Affairs, approve:

 (a) for the purposes of subsection 286(6) of the Military Rehabilitation and Compensation Act 2004—the amendments by the Military Rehabilitation and Compensation Commission of the MRCA Pharmaceutical Benefits Scheme in the following determination; and

 (b) for the purposes of subsection 91(5) of the Veterans’ Entitlements Act 1986—the amendments by the Repatriation Commission of the Repatriation Pharmaceutical Benefits Scheme in the following determination.

Dated     6th     day       of               August                2020

We, as delegates of the Military Rehabilitation and Compensation Commission, under subsection 286(5) of the Military Rehabilitation and Compensation Act 2004, make the amendments of the MRCA Pharmaceutical Benefits Scheme in the following determination.

Dated          30th                  day    of       June            2020

The Seal of the    )

Military Rehabilitation and Compensation Commission )

was affixed to this determination    )

in the presence of:    )

Dated        30th                 day      of      June           2020

The Seal of the                             )    

Repatriation Commission            )    

was affixed to this determination)    

in the presence of:                        )    

Contents

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

2 Commencement........................................1

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

4 Schedules............................................1

Schedule 1—Amendments 

MRCA Pharmaceutical Benefits Scheme 3

Repatriation Pharmaceutical Benefits Scheme 5

1  Name

  This instrument is the Veterans’ Affairs Pharmaceutical Benefits Schemes Amendment Determination 2020.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under the following:

 (a) section 286 of the Military Rehabilitation and Compensation Act 2004;

 (b) section 91 of the Veterans’ Entitlements Act 1986.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

MRCA Pharmaceutical Benefits Scheme

1                    Section 3

 Definition of ‘accepted disability’:

 Omit the reference to a “SRCA disability” and replace with a reference to a “DRCA disability”.

2                    Section 3

Definition of ‘Diagnostic Agents’:

 Omit the definition.

3                    Section 3

Insert:

 DRCA disability means an injury (within the meaning of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988):

(a)  for which the Military Rehabilitation and Compensation Commission has accepted liability to pay compensation under that Act; and

(b)  for which the person with the injury is entitled to be provided with treatment under Part 3 of Chapter 6 of the Act.

Note 1: In the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 the definition of injury includes a disease (see section 5A of that Act).

Note 2: Section 280A of the Act provides eligibility for treatment of a person with an injury under the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988.

4                    Section 3

Definition of ‘hospital treatment’:

 Omit the definition.

5                    Section 3

Insert:

relevant streamlined authority code, for a pharmaceutical benefit that is prescribed, means the streamlined authority code that is part of:

(a)    the circumstances determined under paragraph 85(7)(b) of the National Health Act 1953 for the Pharmaceutical benefit; or

(b)    the conditions determined under subsection 85A(2A) of the National Health Act 1953 for the Pharmaceutical benefit.

6                    Section 3

Omit the definition of ‘Repatriation Schedule of Pharmaceutical Benefits’ and substitute:

Repatriation Schedule of Pharmaceutical Benefits means all of the content in the Pharmaceutical Benefits Scheme for the part with the heading “Repatriation Pharmaceutical Benefits Scheme”.

7 Section 3

Omit the definition of ‘service injury’ and ‘service disease’ and substitute:

service injury and service disease have the same meanings given by section 5 of the Act and for a person with a DRCA disability means the person’s injury (within the meaning of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988) that was caused by, or arose out of, the person’s employment in the Defence Force that is covered by the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988.

8                    Section 3

 Omit the definition of ‘Sixth Community Pharmacy Agreement’.

9 Section 3

Omit the definition of a ‘SRCA disability’.

10 Paragraph 11B(4)(a)

 Omit the paragraph and substitute:

(a)    the authority approval number (if one is given); or

11               Paragraph 11B(4)(b)

Italicize the words “relevant streamlined authority code”.

12               Subsection 11B(5)

Omit the subsection.

13               Subsection 47(1)

Omit the reference to “1 November 2020” and substitute a reference to “1 February 2021”.

14 Schedule 1 — Incorporated documents

Omit the listing for “Sixth Community Pharmacy Agreement”.

Repatriation Pharmaceutical Benefits Scheme

15               Section 3

Definition of ‘accepted disability’:

 Omit the reference to a “SRCA disability” and replace with a reference to a “DRCA disability”.

16               Section 3

Definition of ‘Diagnostic Agents’:

 Omit the definition.

17               Section 3

Insert:

 DRCA disability means an injury (within the meaning of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988):

(a)  for which the Military Rehabilitation and Compensation Commission has accepted liability to pay compensation under that Act; and

(b)  for which the person with the injury is eligible to be provided with treatment under Part V of the Act.

Note 1: In the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 the definition of injury includes a disease (see section 5A of that Act).

Note 2: Section 85(2A) of the Act provides eligibility for treatment of a person with an injury under the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988.

18               Section 3

Definition of ‘hospital treatment’:

 Omit the definition.

19               Section 3

Insert:

 relevant streamlined authority code, for a pharmaceutical benefit that is prescribed, means the streamlined authority code that is part of:

(a)  the circumstances determined under paragraph 85(7)(b) of the National Health Act 1953 for the Pharmaceutical benefit; or

(b)  the conditions determined under subsection 85A(2A) of the National Health Act 1953 for the Pharmaceutical benefit.

20               Section 3

Omit the definition of ‘Repatriation Schedule of Pharmaceutical Benefits’ and substitute:

Repatriation Schedule of Pharmaceutical Benefits means all of the content in the Pharmaceutical Benefits Scheme for the part with the heading “Repatriation Pharmaceutical Benefits Scheme”.

21               Section 3

Omit the definition of ‘Sixth Community Pharmacy Agreement’ and substitute:

 Seventh Community Pharmacy Agreement means the written agreement between the Australian Government and the Pharmacy Guild of Australia called the “Seventh Community Pharmacy Agreement” which relates to the delivery of PBS medicines and related services, being the version of the agreement in the form in which it exists from time to time.

22               Section 3

Omit the definition of a ‘SRCA disability’.

23               Section 3

Omit the definition of ‘war-caused or defence-caused injuries or diseases’ and substitute:

war-caused or defence-caused injuries or diseases means the injuries or diseases described in, respectively, section 9 and 70 of the Act; and in relation to a person with a DRCA disability means the person’s injury (within the meaning of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988) was caused by, or arose out of, the person’s employment in the Defence Force that is covered by the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988.

24 Paragraph 11B(4)(a)

 Omit the paragraph and substitute:

(a)                 the authority approval number (if one is given); or

25 Paragraph 11B(4)(b)

Italicize the words “relevant streamlined authority code”.

26 Subsection 11B(5)

Omit the subsection.

27 Note (2) to subsection 21A(1)

Omit the Note.

28 Paragraph 21A(2)(b)

Omit the reference to “Sixth Community Pharmacy Agreement” and substitute “Seventh Community Pharmacy Agreement”.

29 Note to subsection 21A(2)

Omit the reference to “clause 4 (Commonwealth price) of the Sixth Community Pharmacy Agreement” and substitute “clause 2 (Commonwealth Price) of the Seventh Community Pharmacy Agreement”.

30                Subsection 47(1)

Omit the reference to “1 November 2020” and substitute a reference to “1 February 2021”.

31 Schedule 1 — Incorporated documents

Omit the listing for “Sixth Community Pharmacy Agreement” and substitute:

“Seventh Community Pharmacy Agreement”

https://www1.health.gov.au/internet/main/publishing.nsf/Content/New-7th-Community-Pharmacy-Agreement

32 Schedule 2 – Pharmaceutical benefits not covered by PBS—continued dispensing (after RPBS item code 02803M)

 Omit:

33 Schedule 2 – Pharmaceutical benefits not covered by PBS—continued dispensing (after RPBS item code 04379L)

 Omit:

34 Schedule 2 – Pharmaceutical benefits not covered by PBS—continued dispensing (RPBS item code 04419N, column 3)

Omit: “psyllium hydrophilic mucilloid oral powder (orange-flavoured, sugar-free) 283 g, 1” and substitute “psyllium husk powder 3.4 g/5.9 g powder for oral liquid, 283 g”.

35 Schedule 2 – Pharmaceutical benefits not covered by PBS—continued dispensing (RPBS item code 04422R, column 3)

Omit: “psyllium hydrophilic mucilloid oral powder (non-flavoured) 336 g, 1” and substitute “psyllium husk powder 3.4 g/7 g powder for oral liquid, 336 g”.

36 Schedule 2 – Pharmaceutical benefits not covered by PBS—continued dispensing (RPBS item code 10574M, column 3)

Omit: “sodium chloride 470 mg + potassium chloride 300 mg + glucose monohydrate 3.56 g + sodium acid citrate 530 mg powder for oral liquid, 10 x 4.9 g sachets” and substitute “sodium chloride 470 mg + potassium chloride 300 mg (potassium 4 mmol) + glucose monohydrate 3.56 g + sodium acid citrate 530 mg powder for oral liquid, 10 x 4.9 g sachets”.

37 Schedule 2 – Pharmaceutical benefits not covered by PBS—continued dispensing (after RPBS item code 11404F)

Omit:

and substitute:

38 Schedule 2 – Pharmaceutical benefits not covered by PBS—continued dispensing (after RPBS item code 11862H)

 Insert: