{"id":"F2017L00936","name":"National Health (Pharmaceutical Benefits Scheme Hospital Medication Chart Paperless Claiming Trial) Special Arrangement 2017","slug":"national-health-pharmaceutical-benefits-scheme-hospital-medication-chart-paperless-claiming-trial-sp","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":96820,"registerId":"commonwealth-F2017L00936-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"National Health (Pharmaceutical Benefits Scheme Hospital Medication Chart Paperless Claiming Trial) Special Arrangement 2017","content":"![](image.001.png)\n\nPB 54 of 2017\n\nNational Health (Pharmaceutical Benefits Scheme Hospital Medication Chart Paperless Claiming Trial) Special Arrangement 2017\n\nNational Health Act 1953\n\nI, Julianne Quaine, Assistant Secretary, Pharmaceutical Access Branch, Pharmaceutical Benefits Division, Department of Health, delegate of the Minister for Health, make this special arrangement under subsections 100(1) of the National Health Act 1953.\n\nDated 13 July 2017\n\nJulianne Quaine\n\nAssistant Secretary\n\nPharmaceutical Access Branch\n\nPharmaceutical Benefits Division\n\nDepartment of Health\n\n1 Name of Instrument\n\n(1) This instrument is the National Health (Pharmaceutical Benefits Scheme Hospital Medication Chart Paperless Claiming Trial) Special Arrangement 2017.\n\n(2) This instrument may also be cited as PB 54 of 2017.\n\n2 Commencement\n\nThis instrument commences on the day after registration on the Federal Register of Legislation.\n\n3 Authority\n\nThis Special Arrangement is made under subsection 100(1) of the National Health Act 1953.\n\n4 Definitions\n\nIn this Special Arrangement:\n\nAct means the National Health Act 1953.\n\napproved supplier means an entity whose name, address and approval number are specified in Column 2 of an item in the Schedule to this Special Arrangement.\n\nauthority prescription means an authority prescription as defined in the Regulations.\n\nduly written prescription means a prescription written in accordance with section 40 of the Regulations.\n\nhospital means a hospital whose name and address is specified in Column 1 of an item in the Schedule to this Special Arrangement.\n\nin-patient means a person who occupies a bed in the hospital for the purpose of hospital treatment, and who is not a member of the staff of the hospital who is receiving treatment in his or her own quarters.\n\nNote: an in-patient includes a public or private patient who is in the process of being discharged from in-patient care of a hospital.\n\nmedication chart has the meaning given by subregulation 41(4) of the Regulations.\n\nother Special Arrangement means another Special Arrangement under section 100 of the Act.\n\nRegulations means the National Health (Pharmaceutical Benefits) Regulations 2017.\n\nRules means rules made under subsection 99AAA(8) and subsection 98AC(4) of the Act.\n\nNote: Terms used in this Special Arrangement have the same meaning as in the Act – see section 13 of the Legislation Act 2003. These terms include:\n\n-   Chief Executive Medicare\n\n-   PBS prescriber\n-   pharmaceutical benefit\n-   Secretary\n-   hospital treatment\n\n5 Application of Part VII of the Act\n\n(1) Each pharmaceutical benefit supplied in accordance with this Special Arrangement is supplied under Part VII of the Act.\n\n(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.\n\n> Note: See subsection 100(3) of the Act.\n\n6 Pharmaceutical benefits covered by this Special Arrangement\n\n(1) This Special Arrangement applies to a pharmaceutical benefit which is generally available for supply under Part VII of the Act.\n\n(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.\n\n(3) This Special Arrangement does not apply to a pharmaceutical benefit prescribed using a medication chart prescription.\n\nNote: 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).\n\n7 Prescribing of Pharmaceutical Benefits\n\nA medication chart prepared and signed 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 if:\n\n(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 40(1)(b) of the Regulations; and\n\n(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\n\n(c) in the case of a medication chart prepared in respect of an in-patient 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 42 of the Regulations;\n\n(d) the medication chart bears the identification number issued by the Department of Human Services to the PBS prescriber, according to regulation 16 of the Regulations, who prescribed the pharmaceutical benefit; and\n\n(e) if the medication chart directs the supply of an increased quantity of the pharmaceutical benefit pursuant to subsection 88(6) of the Act and regulation 49 of the Regulations, that direction will be taken to be a direction to supply the maximum quantity for that pharmaceutical benefit determined under paragraph 85A(2)(a) of the Act\n\n8 Supply and Claiming of Pharmaceutical Benefits\n\n(1) This Special Arrangement applies to the supply of pharmaceutical benefits by an approved supplier to an in-patient of the hospital specified in Column 1 of the same item as the approved supplier in the Schedule.\n\n(2) The approved supplier will supply pharmaceutical benefits to in-patients as if medication charts were original prescriptions, provided that:\n\n(a) where a medication chart contains a direction to supply more than one pharmaceutical benefit, the approved supplier must not, pursuant to regulation 53 of the Regulations, defer the supply of one or more of the benefits; and\n\n(b) instead of the requirements of regulation 57 of the Regulations, the approved supplier or a person authorised for the purpose by the approved supplier, writes 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.\n\n(3) An approved supplier must:\n\n(a) 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\n\n(b) retain the electronic pharmacy record for not less than two years after the day on which the pharmaceutical benefit was supplied.\n\n(4) Subject to subsection (5), the electronic pharmacy record must contain all information required to be included in a prescription record by Schedule 1 to the Rules for an online claim.\n\n(5) For the purposes of this Special Arrangement, a prescription record referred to in subsection (4) is exempt from Items 16, 19 and 19A in Schedule 1 to the Rules.\n\n(6) Subject to subsection (8), a claim by an approved supplier in respect of pharmaceutical benefits supplied to an in-patient of the hospital may be furnished unaccompanied by the medication charts in respect of which pharmaceutical benefits have been supplied to the in-patient.\n\n(7) If the Secretary notifies a hospital that a copy of all or any of the electronic pharmacy records in respect of pharmaceutical benefits supplied to an in-patient is required to be submitted, the approved supplier shall submit a copy of each such electronic pharmacy record to the Department of Health.\n\n(8) If the Secretary notifies a 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 Department of Health\n\n(9) Subject to subsection (5), information provided by electronic means to the Chief Executive Medicare by an approved supplier in respect of pharmaceutical benefits supplied to in-patients of the hospital must comply with the requirements of the Rules for an online claim and the associated provision of under co-payment data under section 98AC of the Act.\n\n9 Transitionals\n\n(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 under the old Arrangements 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.\n\n(2) In this section the old Arrangements means the National Health (Multiple Hospitals Paperless Claiming Trial) Special Arrangement 2017 (PB 14 of 2017), as in force immediately before the commencement of this Special Arrangement.\n\n  \nSchedule\n\n| Item | Column 1 – Name and Address for Hospital                                           | Column 2 – Name, address and approval number of approved supplier                                                 |\n| ---- | ---------------------------------------------------------------------------------- | ----------------------------------------------------------------------------------------------------------------- |\n| 1    | St John of God Midland Private Hospital1 Clayton StMidland, Western Australia 6056 | Anthony Wyatt & Tin HuynhHPS Pharmacies Midland1 Clayton St, Midland,Western Australia 6056Approval number 51862N |\n| 2    | Knox Private Hospital262 Mountain HighwayWantirna, Victoria 3152                   | Anthony Wyatt & Tin HuynhHPS Pharmacies Knox262 Mountain HighwayWantirna, Victoria 3152Approval number 23929K     |\n| 3    | Bellbird Private Hospital198 Canterbury Rd,Blackburn Victoria 3130                 | Anthony Wyatt & Tin HuynhHPS Pharmacies Knox262 Mountain HighwayWantirna, Victoria 3152Approval number 23929K     |\n| 4    | Cotham Private Hospital,209 Cotham roadKew, Victoria 3101                          | Anthony Wyatt & Tin HuynhHPS Pharmacies Knox262 Mountain HighwayWantirna, Victoria 3152Approval number 23929K     |\n| 5    | The Victoria Clinic324 Malvern RoadPrahran Victoria 3181                           | Anthony Wyatt & Tin HuynhHPS Pharmacies Knox262 Mountain HighwayWantirna, Victoria 3152Approval number 23929K     |\n| 6    | Ringwood Private Hospital36 Mt Dandenong RoadRingwood East VIC 3135                | Anthony Wyatt & Tin HuynhHPS Pharmacies Knox262 Mountain HighwayWantirna, Victoria 3152Approval number 23929K     |","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This Special Arrangement implements a narrow, named‑site trial of paperless PBS claiming using hospital medication charts. It continues and consolidates aspects of an earlier multiple‑hospital paperless claiming trial (handled in the transitional provision, s 9), but it does not materially broaden the policy beyond that original trial design: coverage is limited to the hospitals and approved suppliers listed in the Schedule, and the instrument retains standard Part VII PBS rules subject to specified electronic record and audit arrangements (see s 5–9)."},"complexity_factors":["Short instrument (9 substantive clauses plus a Schedule) — limited length","Cross‑references to multiple external instruments: National Health Act 1953 (Part VII), National Health (Pharmaceutical Benefits) Regulations 2017, and Rules made under ss 99AAA(8) and 98AC(4) of the Act (see ss 3, 4, 5, 8(4), 8(9))","Several defined terms in s 4 that import meanings from external legislation (e.g. medication chart, authority prescription, duly written prescription)","Conditional logic on when a medication chart counts as a prescription (five specific conditions in s 7)","Exceptions to rule‑requirements: exemption of Items 16, 19 and 19A from Schedule 1 to the Rules for online claim prescription records (s 8(5))","Specific obligations split between approved supplier and hospital and conditional powers for the Secretary to request records (s 8(3)–(9))","A Schedule that ties the arrangement to named hospitals and named approved suppliers (concrete but restrictive scope)"],"plain_english_summary":"**What this instrument does (in one line)**\n\n- It authorises a limited paperless claiming trial for Pharmaceutical Benefits Scheme (PBS) medicines supplied to certain hospital in‑patients by named approved suppliers, by treating a hospital medication chart as a valid prescription for PBS claiming purposes, provided certain conditions are met (see s 7–8).\n\n**Who it affects**\n\n- Specific hospitals and specific pharmacy suppliers listed in the Schedule (see Schedule, Column 1 and Column 2).  \n- PBS prescribers who sign medication charts for in‑patients at those hospitals (see s 4, 7).  \n- The named approved suppliers (pharmacies) who will supply medicines and lodge PBS claims electronically (see s 4, 8).  \n- The Department of Health / Chief Executive Medicare and the hospital administration, because they can request electronic records or medication charts for audit (see s 8(7)–(8)).\n\n**How it works, mechanically**\n\n- Legal basis: made under s 100(1) of the National Health Act 1953 and operates subject to Part VII of that Act (see s 3, 5).  \n\n- Medication chart = valid prescription for PBS claiming if it includes specified items: hospital location as patient address, the patient’s full Medicare card number (including sub‑numerate), required particulars for non‑general patients, the prescriber’s PBS identification number, and, where an increased quantity is directed, that direction is treated as the maximum permitted quantity (see s 7(a)–(e)).\n\n- Supply and claiming: approved suppliers listed alongside a hospital in the Schedule may supply PBS medicines to that hospital’s in‑patients and claim under Part VII as if the medication chart were an original prescription (s 8(1)–(2)).  \n  - If a medication chart directs supply of several medicines, the supplier must not defer supplying any of them (s 8(2)(a)).  \n  - Instead of the usual paper signature rule, the supplier (or authorised person) must note on the chart that the medicine was supplied, the date, and sign (s 8(2)(b)).\n\n- Electronic recordkeeping: the supplier must create an electronic pharmacy record for each medication chart used for a claim, retain it for at least two years, and ensure it contains the information required for an online claim under the Rules, except for three specified items (Items 16, 19 and 19A of Schedule 1 to the Rules), which are exempt here (see s 8(3)–(5)).  \n  - Electronic claims to Chief Executive Medicare must comply with the online claim Rules and co‑payment data requirements (s 8(9)).\n\n- Audit and document production: the Secretary may require the hospital to submit medication charts, or require the approved supplier to submit copies of electronic pharmacy records, and the required party must comply (s 8(7)–(8)).\n\n- Transition: supplies prescribed under a prior multiple‑hospital paperless trial arrangement (PB 14 of 2017) but not supplied before this instrument commenced are treated as valid under this Special Arrangement (s 9).\n\n**Why it matters (purpose claims and practical effects)**\n\n- The stated purpose is to permit \"paperless claiming\" from hospital medication charts so suppliers can submit PBS claims electronically without lodging the paper chart each time (see s 1, s 8).  \n\n- Direct effects on behaviour and administration:  \n  - Named pharmacies will change dispensing and claims processes to rely on electronic pharmacy records rather than submitting paper medication charts (s 8(2)–(5), (9)).  \n  - Hospitals must allow the use of medication charts as the patient’s prescription and be prepared to supply charts if the Department requests them (s 7, s 8(8)).  \n  - The Department and Chief Executive Medicare will manage online claim verification and may perform spot audits by requesting electronic records or paper charts (s 8(7)–(8)).\n\n**Costs, incentives, trade‑offs and implementation risks**\n\n- Who pays / who benefits:  \n  - Benefit is concentrated to the named approved suppliers in the Schedule (they can claim without sending paper charts) and to hospitals listed (they can use medication charts for PBS claiming) (Schedule; s 8).  \n  - Compliance costs fall on approved suppliers (set up and maintain electronic records, retain them for two years, ensure they meet online claim Rules) and on hospitals (administrative effort to produce charts on request) (s 8(3)–(5), (7)–(8)).\n\n- Administrative work and IT: suppliers must ensure their electronic records meet the Rules for online claims and co‑payment reporting (s 8(4), (9)); that can require system changes, staff training and secure record retention.  \n\n- Audit and data access: the Secretary’s ability to compel copies of electronic records or medication charts (s 8(7)–(8)) creates an enforcement mechanism but also creates operational burdens on hospitals and suppliers and raises routine data handling/security obligations.  \n\n- Narrow scope / concentration: because the arrangement is limited to named hospitals and named suppliers (Schedule), it creates a small, confined trial population rather than a general change to PBS claiming. That concentrates benefits and limits generalisability.  \n\n- Possible substitution effects: the instrument substitutes electronic pharmacy records for physical chart exchange for the listed sites — reducing paperwork but shifting controls to electronic validation and the online Rules.  \n\n- Auditability gap: three items in Schedule 1 to the Rules (Items 16, 19 and 19A) are explicitly exempt from the electronic record requirement here (s 8(5)). That exemption narrows the set of data stored under this trial and could complicate certain kinds of reconciliation or compliance checks that rely on those fields.  \n\n- Risk of exclusion and opportunity cost: other hospitals and suppliers are excluded unless separately added under another Special Arrangement; that both limits immediate disruption and limits the trial’s coverage for assessing broader rollout.\n\n**Key provisions to look up if you need more detail**\n\n- Definitions and who is covered: s 4 and the Schedule.  \n- Conditions that make a medication chart a \"duly written prescription\": s 7.  \n- Electronic record and claiming requirements and audit powers: s 8.  \n- Transitional treatment of prior trial supplies: s 9.\n\n(References in parentheses are to sections in this Special Arrangement.)"},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument maintains its original narrow scope as a time-limited trial for specific hospitals. It does not expand beyond the original intent of testing paperless claiming for hospital medication charts. The transitional provision references an earlier version of the same trial arrangement (PB 14 of 2017), suggesting this is a continuation or refinement rather than scope expansion."},"complexity_factors":["Multiple cross-references to the National Health Act 1953, National Health (Pharmaceutical Benefits) Regulations 2017, and separate 'Rules' made under the Act (sections 99AAA and 98AC)","11 defined terms in section 4, including nested definitions that refer to other legislation (e.g., 'medication chart' meaning comes from subregulation 41(4) of the Regulations)","Conditional logic in section 7 with five separate requirements (a)-(e) that must all be met for a medication chart to count as a valid prescription","Nested exceptions and exemptions in section 8 — particularly subsections (5) and (8) which create exemptions from normal Rules requirements and provide for Secretary-directed compliance","Transitional provisions in section 9 that reference a repealed instrument (PB 14 of 2017) and validate actions taken under the old rules","Schedule-based application limiting the arrangement to specific named hospitals and a single approved supplier (HPS Pharmacies), creating a narrow, conditional scope"],"plain_english_summary":"This trial lets six specific private hospitals in Victoria and Western Australia use electronic medication charts as legal PBS prescriptions, so in‑patients can get subsidised medicines without separate paper scripts. It affects those patients, the hospitals’ PBS prescribers, a single approved supplier (HPS Pharmacies), and Medicare processing.\n\nThe arrangement aims to cut paperwork, reduce lost prescriptions, streamline PBS claims electronically, and test whether paperless hospital prescribing can be adopted more widely."}},"importantCases":[],"_links":{"self":"/api/acts/national-health-pharmaceutical-benefits-scheme-hospital-medication-chart-paperless-claiming-trial-sp","history":"/api/acts/national-health-pharmaceutical-benefits-scheme-hospital-medication-chart-paperless-claiming-trial-sp/history","analysis":"/api/acts/national-health-pharmaceutical-benefits-scheme-hospital-medication-chart-paperless-claiming-trial-sp/analysis","conflicts":"/api/acts/national-health-pharmaceutical-benefits-scheme-hospital-medication-chart-paperless-claiming-trial-sp/conflicts","importantCases":"/api/acts/national-health-pharmaceutical-benefits-scheme-hospital-medication-chart-paperless-claiming-trial-sp/important-cases","documents":"/api/acts/national-health-pharmaceutical-benefits-scheme-hospital-medication-chart-paperless-claiming-trial-sp/documents"}}