37ARecovery of costs incurred by the State in connection with the supply of blood and blood products to approved health providers

37A Recovery of costs incurred by the State in connection with the supply of blood and blood products to approved health providers

37A Recovery of costs incurred by the State in connection with the supply of blood and blood products to approved health providers

(1) In this section—

approved health provider means—

(a) (Repealed)

(b) a private health facility licensed under the Private Health Facilities Act 2007, or

(c) an accredited pathology laboratory under the Health Insurance Act 1973 of the Commonwealth (other than any such laboratory that is under the control of a public health organisation within the meaning of the Health Services Act 1997), or

(d) any health provider of a class prescribed by the regulations.

blood product does not include a product that is declared by the regulations not to be a blood product for the purposes of this section.

blood supplier means—

(a) the Australian Red Cross Society, or

(b) any other person or body prescribed by the regulations.

(2) The object of this section is to encourage approved health providers that use blood or blood products supplied by blood suppliers—

(a) to make the best use of available resources of blood and blood products, and

(b) to adopt an appropriate level of financial and performance accountability in relation to the use of those resources,

by enabling the Health Secretary to recover the costs incurred by the State in connection with the supply of blood and blood products to those health providers.

(3) If an approved health provider is supplied with any blood or blood products by a blood supplier, the health provider is required to pay the Health Secretary the costs incurred by the State in connection with the supply of the blood or blood products.

(4) The arrangements for paying those costs and the manner in which they are assessed may be determined by the Health Secretary.

(5) Any amount that is payable under this section is recoverable by the Health Secretary as a debt due to the State.