National Health (Pharmaceutical Benefits Scheme Hospital Medication Chart Paperless Claiming Trial) Special Arrangement 2017
1National Health (Pharmaceutical Benefits Scheme Hospital Medication Chart Paperless Claiming Trial) Special Arrangement 2017
Start here
Get a plain-English read of 1
Turn the raw legal text into a practical explanation grounded in National Health (Pharmaceutical Benefits Scheme Hospital Medication Chart Paperless Claiming Trial) Special Arrangement 2017.
National Health (Pharmaceutical Benefits Scheme Hospital Medication Chart Paperless Claiming Trial) Special Arrangement 2017
National Health Act 1953
I, Julianne Quaine, Assistant Secretary, Pharmaceutical Access Branch, Pharmaceutical Benefits Division, Department of Health, delegate of the Minister for Health, make this special arrangement under subsections 100(1) of the National Health Act 1953.
Dated 13 July 2017
Julianne Quaine
Assistant Secretary
Pharmaceutical Access Branch
Pharmaceutical Benefits Division
Department of Health
1 Name of Instrument
(1) This instrument is the National Health (Pharmaceutical Benefits Scheme Hospital Medication Chart Paperless Claiming Trial) Special Arrangement 2017.
(2) This instrument may also be cited as PB 54 of 2017.
2 Commencement
This instrument commences on the day after registration on the Federal Register of Legislation.
3 Authority
This Special Arrangement is made under subsection 100(1) of the National Health Act 1953.
4 Definitions
In this Special Arrangement:
Act means the National Health Act 1953.
approved supplier means an entity whose name, address and approval number are specified in Column 2 of an item in the Schedule to this Special Arrangement.
authority prescription means an authority prescription as defined in the Regulations.
duly written prescription means a prescription written in accordance with section 40 of the Regulations.
hospital means a hospital whose name and address is specified in Column 1 of an item in the Schedule to this Special Arrangement.
in-patient means a person who occupies a bed in the hospital for the purpose of hospital treatment, and who is not a member of the staff of the hospital who is receiving treatment in his or her own quarters.
Note: an in-patient includes a public or private patient who is in the process of being discharged from in-patient care of a hospital.
medication chart has the meaning given by subregulation 41(4) of the Regulations.
other Special Arrangement means another Special Arrangement under section 100 of the Act.
Regulations means the National Health (Pharmaceutical Benefits) Regulations 2017.
Rules means rules made under subsection 99AAA(8) and subsection 98AC(4) of the Act.
Note: Terms used in this Special Arrangement have the same meaning as in the Act – see section 13 of the Legislation Act 2003. These terms include:
Chief Executive Medicare
PBS prescriber
pharmaceutical benefit
Secretary
hospital treatment
5 Application of Part VII of the Act
(1) Each pharmaceutical benefit supplied in accordance with this Special Arrangement is supplied under Part VII of the Act.
(2) A provision of Part VII of the Act, or of regulations or other instruments made for Part VII of the Act, applies subject to this Special Arrangement.
Note: See subsection 100(3) of the Act.
6 Pharmaceutical benefits covered by this Special Arrangement
(1) This Special Arrangement applies to a pharmaceutical benefit which is generally available for supply under Part VII of the Act.
(2) This Special Arrangement does not apply to a pharmaceutical benefit that can only be supplied under Part VII of the Act in accordance with any other Special Arrangement under section 100 of the Act.
(3) This Special Arrangement does not apply to a pharmaceutical benefit prescribed using a medication chart prescription.
Note: Section 85AA of the Act provides that a pharmaceutical benefit that can only be supplied under Part VII of the Act in accordance with section 100 of the Act will be the subject of a subsection 85(2A) declaration (section 100 only drug), or a determination under paragraph 85(8) (a) (section 100 only pharmaceutical benefit) or paragraph 85(8) (b) (section 100 only circumstances).
7 Prescribing of Pharmaceutical Benefits
A medication chart prepared and signed by a PBS prescriber on which is prescribed a pharmaceutical benefit for the treatment of the in-patient of the hospital who is named on the medication chart, will be taken to be a duly written prescription if:
(a) the location within the hospital of the in-patient for whose treatment the medication chart was prepared will be taken to be the address of that in-patient for the purpose of paragraph 40(1)(b) of the Regulations; and
(b) the medication chart bears the number of the medicare card, including the sub-numerate, which applies to the in-patient for whose treatment the medication chart was prepared; and
(c) in the case of a medication chart prepared in respect of an in-patient who is not a general patient within the meaning of subsection 84(1) of the Act, the medication chart bears the matters prescribed by regulation 42 of the Regulations;
(d) the medication chart bears the identification number issued by the Department of Human Services to the PBS prescriber, according to regulation 16 of the Regulations, who prescribed the pharmaceutical benefit; and
(e) if the medication chart directs the supply of an increased quantity of the pharmaceutical benefit pursuant to subsection 88(6) of the Act and regulation 49 of the Regulations, that direction will be taken to be a direction to supply the maximum quantity for that pharmaceutical benefit determined under paragraph 85A(2)(a) of the Act
8 Supply and Claiming of Pharmaceutical Benefits
(1) This Special Arrangement applies to the supply of pharmaceutical benefits by an approved supplier to an in-patient of the hospital specified in Column 1 of the same item as the approved supplier in the Schedule.
(2) The approved supplier will supply pharmaceutical benefits to in-patients as if medication charts were original prescriptions, provided that:
(a) where a medication chart contains a direction to supply more than one pharmaceutical benefit, the approved supplier must not, pursuant to regulation 53 of the Regulations, defer the supply of one or more of the benefits; and
(b) instead of the requirements of regulation 57 of the Regulations, the approved supplier or a person authorised for the purpose by the approved supplier, writes on the medication chart that the pharmaceutical benefit has been supplied and the date on which it was supplied, and signs his or her name.
(3) An approved supplier must:
(a) prepare an electronic pharmacy record in respect of each medication chart where a pharmaceutical benefit has been supplied to an in-patient of the hospital for which a claim is made under section 99AAA of the Act; and
(b) retain the electronic pharmacy record for not less than two years after the day on which the pharmaceutical benefit was supplied.
(4) Subject to subsection (5), the electronic pharmacy record must contain all information required to be included in a prescription record by Schedule 1 to the Rules for an online claim.
(5) For the purposes of this Special Arrangement, a prescription record referred to in subsection (4) is exempt from Items 16, 19 and 19A in Schedule 1 to the Rules.
(6) Subject to subsection (8), a claim by an approved supplier in respect of pharmaceutical benefits supplied to an in-patient of the hospital may be furnished unaccompanied by the medication charts in respect of which pharmaceutical benefits have been supplied to the in-patient.
(7) If the Secretary notifies a hospital that a copy of all or any of the electronic pharmacy records in respect of pharmaceutical benefits supplied to an in-patient is required to be submitted, the approved supplier shall submit a copy of each such electronic pharmacy record to the Department of Health.
(8) If the Secretary notifies a hospital that a copy of all or any of the medication charts in respect of pharmaceutical benefits supplied to in-patients of the hospital is required to be submitted, the hospital shall submit a copy of each such medication chart to the Department of Health
(9) Subject to subsection (5), information provided by electronic means to the Chief Executive Medicare by an approved supplier in respect of pharmaceutical benefits supplied to in-patients of the hospital must comply with the requirements of the Rules for an online claim and the associated provision of under co-payment data under section 98AC of the Act.
9 Transitionals
(1) If a pharmaceutical benefit was prescribed for an in-patient of a hospital under the old Arrangements, and the supply was not made prior to the commencement of this Special Arrangement, the supply of the pharmaceutical benefit under the old Arrangements is taken to have been validly prescribed under this Special Arrangement, and may be supplied to the in-patient of the hospital under this Special Arrangement.
(2) In this section the old Arrangements means the National Health (Multiple Hospitals Paperless Claiming Trial) Special Arrangement 2017 (PB 14 of 2017), as in force immediately before the commencement of this Special Arrangement.
Schedule
Item
Column 1 – Name and Address for Hospital
Column 2 – Name, address and approval number of approved supplier
1
St John of God Midland Private Hospital1 Clayton StMidland, Western Australia 6056
Anthony Wyatt & Tin HuynhHPS Pharmacies Midland1 Clayton St, Midland,Western Australia 6056Approval number 51862N
2
Knox Private Hospital262 Mountain HighwayWantirna, Victoria 3152
Anthony Wyatt & Tin HuynhHPS Pharmacies Knox262 Mountain HighwayWantirna, Victoria 3152Approval number 23929K
3
Bellbird Private Hospital198 Canterbury Rd,Blackburn Victoria 3130
Anthony Wyatt & Tin HuynhHPS Pharmacies Knox262 Mountain HighwayWantirna, Victoria 3152Approval number 23929K
4
Cotham Private Hospital,209 Cotham roadKew, Victoria 3101
Anthony Wyatt & Tin HuynhHPS Pharmacies Knox262 Mountain HighwayWantirna, Victoria 3152Approval number 23929K
5
The Victoria Clinic324 Malvern RoadPrahran Victoria 3181
Anthony Wyatt & Tin HuynhHPS Pharmacies Knox262 Mountain HighwayWantirna, Victoria 3152Approval number 23929K
6
Ringwood Private Hospital36 Mt Dandenong RoadRingwood East VIC 3135
Anthony Wyatt & Tin HuynhHPS Pharmacies Knox262 Mountain HighwayWantirna, Victoria 3152Approval number 23929K
Section 1 - National Health (Pharmaceutical Benefits Scheme Hospital Medication Chart Paperless Claiming Trial) Special Arrangement 2017 - National Health (Pharmaceutical Benefits Scheme Hospital Medication Chart Paperless Claiming Trial) Special Arrangement 2017 | Zoe