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National Health Act 1953
93ASupply of certain pharmaceutical benefits to patients in private hospitals or aged care facilities
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#### 93A Supply of certain pharmaceutical benefits to patients in private hospitals or aged care facilities
(1) In this section:
> prescribed institution means:
(a) a private hospital; or
(b) an approved residential care home within the meaning of the Aged Care Act 2024.
(2) For the purposes of this section, the Minister may determine:
(a) the pharmaceutical benefits or classes of pharmaceutical benefits that may be supplied under this section to patients receiving treatment in prescribed institutions; and
(b) the conditions under which such pharmaceutical benefits may be supplied to, and held by, prescribed institutions.
> Note: Subsection 33(3A) of the Acts Interpretation Act 1901 applies to a determination under subsection (2). This means that, for example, a determination could determine conditions for private hospitals that are different from conditions that are determined for residential care services.
(3) A copy of each determination made by the Minister under subsection (2) is to be published in the Gazette.
(4) An approved supplier may supply to a prescribed institution, in accordance with determinations made under paragraph (2)(b), pharmaceutical benefits that are covered by a determination made under paragraph (2)(a).
(5) A PBS prescriber may authorise a prescribed institution to supply a pharmaceutical benefit to patients receiving treatment in the institution if:
(a) the pharmaceutical benefit is covered by a determination made under paragraph (2)(a); and
(b) the PBS prescriber is authorised under section 88 to write a prescription for the supply of the pharmaceutical benefit.
(6) Payment by the Commonwealth in respect of the supply of pharmaceutical benefits under this section is to be made as prescribed.