86EMinister may determine certain persons to be special evidentiary categories

#### 86E Minister may determine certain persons to be special evidentiary categories Determination of classes of persons whose entitlement to pharmaceutical benefits can be evidenced otherwise than by provision of medicare numbers (1) The Minister may, by legislative instrument, determine that certain classes of persons are classes of persons in respect of whom an entitlement to pharmaceutical benefits can be evidenced otherwise than by provision of a medicare number. Classes that may be the subject of a determination (2) Without limiting the classes that may be so determined, those classes may include the following: (a) persons who are not legally competent; (b) persons requiring drugs or medicinal preparations in an emergency, including an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates; (c) foreign persons: (i) who are entitled to be treated as eligible persons within the meaning of the Health Insurance Act 1973 under section 7 of that Act; and (ii) who are able to produce evidence, of a kind specified in the determination, to prove that entitlement; (d) persons in respect of whom a prescription is communicated in circumstances set out in regulations made for the purposes of paragraph 89(a). Determinations may set out particulars of which suppliers must be satisfied (3) In a determination under subsection (1), the Minister may set out: (a) the particular matters in respect of which an approved supplier must be satisfied before being satisfied that a person is included within a particular class determined under that subsection; and (b) the procedure to be followed by the approved supplier in establishing such matters. Determinations under subsection (1) must establish procedure for allocation of special numbers (4) The Minister must include, in each determination under subsection (1) that identifies a class of persons, a procedure for allocating a particular combination of numbers, or letters and numbers, that is to be the special number applicable to a person included within that class as a member of that class.