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28 Payment of approved hospital authorities for supplies

Purpose of section (1) Subject to Part 5 of this instrument, this section determines, for the purposes of subsection 99(4) of the Act, the amount payable to an approved hospital authority in respect of a special arrangement supply of a dose of a chemotherapy drug or of a related pharmaceutical benefit.

Note 1: Part 5 of this instrument applies to an original special arrangement supply of a dose of a chemotherapy drug, and to a special arrangement supply of a related pharmaceutical benefit, if the supply is made to a CTG registered patient by a CTG supplier.

Note 2: Under this instrument, subsection 99(4) of the Act applies as if it includes a reference to patients receiving treatment from a hospital (see section 8 of this instrument).

(2) This section applies despite the National Health (Commonwealth Price—Pharmaceutical Benefits Supplied By Public Hospitals) Determination 2017 (PB 25 of 2017) and the National Health (Commonwealth Price ‑ Pharmaceutical benefits supplied by private hospitals) Determination 2020 (PB 99 of 2020). Supplies of doses of chemotherapy drugs (3) The amount payable to an approved hospital authority in respect of a special arrangement supply of a dose of a chemotherapy drug to a patient is: (a) for an original supply—the amount, if any, by which the dispensed price for the dose exceeds the amount that the hospital authority was entitled to charge the patient under subsection 37(2) of this instrument for the supply; and (b) for a repeat supply—the dispensed price for the dose. Supplies of related pharmaceutical benefit (4) The amount payable to a participating hospital authority in respect of a special arrangement supply of a related pharmaceutical benefit to a patient is the amount, if any, by which the dispensed price for the pharmaceutical benefit exceeds the amount the patient could have been required to pay in accordance with subsection 87(2) of the Act if the patient had obtained the related pharmaceutical benefit from an approved pharmacist.

Note: The participating hospital authority may charge the patient the amount mentioned in subsection 87(2) of the Act (see subsection 87(5) of the Act).