286Determination for providing treatment or pharmaceutical benefits

286  Determination for providing treatment or pharmaceutical benefits Commission may make determination  (1) The Commission may make a written determination of any one or more of the following:  (a) the places at which, the circumstances in which, and the conditions subject to which, a particular kind or class of treatment may be provided under this Part;  (b) the places at which, the circumstances in which, and the conditions subject to which, treatment may be provided under this Part to persons as private patients;  (c) the places at which, the circumstances in which, and the conditions subject to which, pharmaceutical benefits may be provided under this Part;  (d) the kinds or classes of treatment that will not be provided under this Part;  (e) the places at which, the circumstances in which, and the conditions subject to which, treatment will not be provided under this Part;  (f) whether the Commission’s prior approval of a particular kind or class of treatment is required;  (g) if the Commission’s prior approval is required:  (i) the circumstances in which the Commission may exercise its power to give prior approval; and  (ii) the circumstances in which the Commission may exercise its power to give approval if the treatment was obtained without prior approval;  (h) both:  (i) kinds of treatment for the purposes of paragraph 287(2A)(b); and  (ii) the circumstances in which, and the extent to which, the Commission may accept financial responsibility for particular costs relating to that treatment (including amounts of subsidy payable under Part 2 of Chapter 4 of the Aged Care Act 2024). Determination must be approved by the Minister  (2) A determination under subsection (1) has no effect unless the Minister has approved it in writing.  (3) A determination under subsection (1), so far as it relates to paragraph (1)(c), approved by the Minister and as in force from time to time is a pharmaceutical benefits determination.  (4) Any other determination under subsection (1) approved by the Minister and as in force from time to time is a treatment determination. Variation or revocation of determinations  (5) The Commission may, by written determination, vary or revoke a pharmaceutical benefits determination or treatment determination.  (6) A determination under subsection (5) has no effect unless the Minister has approved it in writing. Legislative instruments  (6A) A determination under subsection (1) or (5) made by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the determination is approved. Incorporation of other instruments  (6B) Despite subsection 14(2) of the Legislation Act 2003:  (a) a determination under subsection (1); or  (b) a determination under subsection (5) varying a pharmaceutical benefits determination or treatment determination; may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time. When treatment is provided as a private patient  (7) For the purposes of paragraph (1)(b), treatment is taken to be provided to a person as a private patient if:  (a) the treatment is provided to the person as a person who is a private patient of a hospital, for the purposes of the Health Insurance Act 1973; or  (b) the treatment is provided to the person by a medical specialist to whom the person has been referred but is not provided at a hospital.