National Health (Indigenous Chronic Disease - PBS Co-payment Measure) Special Arrangement 2012 (No. PB 22 of 2012)

Link to law: https://www.comlaw.gov.au/Details/F2012L00735

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PB 22 of 2012
National Health (Indigenous Chronic Disease — PBS Co-payment Measure) Special Arrangement 20121
National Health Act 1953
I, FELICITY McNEILL, First Assistant Secretary, Pharmaceutical Benefits Division, Department of Health and Ageing, delegate of the Minister for Health, make this Special Arrangement under subsection 100 (1) and 100(2) of the National Health Act 1953.
Dated   29 March                        2012
 
FELICITY McNEILL
First Assistant Secretary
Pharmaceutical Benefits Division
Department of Health and Ageing
 
Contents
                        1      Name of Instrument                                                                             2
                        2      Commencement                                                                                  2
                        3     Revocation                                                                                         2
                        4      Definitions                                                                                          3
                        5      Pharmaceutical benefits covered by this Special Arrangement              4
                        6      Application of Part VII of this Act                                                        4
                        7      Prescribing                                                                                         4
                        8      General practices                                                                                5
                        9      Indigenous Health Services                                                                 5
                       10      Registering patients                                                                            6
                       11      Co-payment reduction                                                                         6
                       12      Eligibility for concession and entitlement cards under the Act               8
                       13      Indexation                                                                                          8
                       14      Payment by Commonwealth                                                                8
                       15      Claim for payment                                                                              9
                      16     Transitional                                                                                         9
 
 
 
1              Name of Instrument
         (1)   This Instrument is the National Health (Indigeneous Chronic Disease – PBS Co-payment Measure) Special Arrangement 2012.
         (2)   This Instrument may also be cited as PB 22 of 2012.
2              Commencement
                This Instrument commences on 1 April 2012.
3              Revocation
                The National Health (Indigenous Chronic Disease – PBS Co-payment Measure) Special Arrangements Instrument 2010 (PB 66 of 2010) is revoked.
4              Definitions
                In this Instrument:
Aboriginal Community Controlled Health Service, or ACCHS, means a primary health care service:
                (a)    established by a local Aboriginal community to deliver holistic, comprehensive and culturally appropriate health care to the Aboriginal community; and
               (b)    controlled by a board of management the members of which:
                          (i)    belong to the local Aboriginal community; and
                         (ii)    are elected by the local Aboriginal community; and
                (c)    operated by the local Aboriginal community.
Act means the National Health Act 1953.
chronic disease, for a person, means a disease that has been, or is likely to be, present in the person for at least 6 months, including arthritis, asthma, cancer, diabetes, heart disease and stroke.
comorbidity, for a patient, means the presence of 1 or more diseases or disorders in addition to a primary disease or disorder in the patient, including the effect of the additional disease or disorder on the patient.
general practitioner has the meaning given by the Health Insurance Act 1973.
Indigenous Health Service means a medical practice, an Aboriginal Community Controlled Health Service or a health clinic that meets the requirements mentioned in section 9.
medical practitioner has the meaning given by the Health Insurance Act 1973.
other Special Arrangement means another Special Arrangement under section 100 of the Act.
professional service has the meaning given by the Health Insurance Act 1973.
RACGP means the Royal Australian College of General Practitioners.
referred means referred to a specialist in accordance with regulations made for the purpose of subsection 133(2) of the Health Insurance Act 1973.
specialist means a specialist or consultant physician as defined in subsection 3(1) of the Health Insurance Act 1973.
Note   Several other words and expressions used in this Instrument have the meaning they have in the Act, for example:
·      approved supplier
·         Chief Executive Medicare
·         Claims Transmission System
·      PBS prescriber
·      pharmaceutical benefit
5              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 an other Special Arrangement under section 100 of the Act.
                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).
6              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 this Act, or of regulations or other instruments made for Part VII of the Act applies subject to this Special Arrangement.
7              Prescribing         
         (1)   A pharmaceutical benefit is prescribed for supply under this Special Arrangement in accordance with Part VII of the Act, and instruments made for Part VII of the Act, but with the modifications set out in this section.       
         (2)   The prescription must be written for supply to a patient registered under subsection 10(2) of this Special Arrangement.
         (3)   The PBS prescriber must be:
                (a)    a member, employee or contractor of:
                          (i)    a general practice that meets the requirements in section 8; or
                         (ii)    an Indigenous Health Service that meets the requirements in section 9; or
               (b)    a specialist treating a patient registered under subsection 10(2) and referred to the specialist by a medical practitioner who is a member, employee or contractor of: 
                          (i)    a general practice that meets the requirements in section 8; or
                         (ii)    an Indigenous Health Service that meets the requirements in section 9.
         (4)   The PBS prescriber must annotate the prescription with an indicator that the prescription is being written for the supply of a pharmaceutical benefit under this Special Arrangement. 
8              General practices
         (1)   For subsection 7(3), the requirements are that:
                (a)    the general practice:
                          (i)    is accredited by an accrediting body as meeting the RACGP standards for general practices and maintains that accreditation; or
                         (ii)    has been registered with an accrediting body to be assessed for accreditation (as mentioned in subparagraph (i)), for less than 12 months, and has not previously been refused accreditation; and
               (b)    the general practice has public liability indemnity insurance in relation to its medical practice; and
                (c)    the members of the general practice, or the general practitioners it employs or contracts, have professional indemnity insurance; and
               (d)    the general practice is approved by the Chief Executive Medicare to participate in the program known as the Practice Incentives Program, Indigenous Health Incentive, administered by the Department.
         (2)   In this section:
accrediting body means:
                (a)    Australian General Practice Accreditation Ltd (ABN 60 077 562 406); or
               (b)    Quality Practice Accreditation Pty Ltd (ABN 26 081 986 932).
9              Indigenous Health Services
                For subsection 7(3), the requirements are that the medical practice, ACCHS, or health clinic:
                (a)    provides primary health care services to a predominantly Aboriginal or Torres Strait Islander population or both; and
               (b)    provides professional services for which Medicare benefit is payable under the Health Insurance Act 1973, including because of a direction given under subsection 19 (2) of that Act; and
                (c)    is located in an area the Department classifies as a metropolitan or a rural area, as defined in the document titled Rural, Remote and Metropolitan Areas Classification, 1991 Census Edition, dated November 1994, published by the Department of Primary Industries and Energy and the Department of Human Services and Health; and
               (d)    is approved by the Minister as an Indigenous Health Service.
10            Registering patients
         (1)   This section applies to:
                (a)    a general practitioner who is a member, employee or contractor of a general practice mentioned in section 8; and
               (b)    a medical practitioner who is a member, employee or contractor of an Indigenous Health Service.
         (2)   The practitioner may register, for the supply of a pharmaceutical benefit under this Special Arrangement, a patient:
                (a)    who is an eligible person within the meaning of the Health Insurance Act 1973;
               (b)    who identifies himself or herself to the practitioner as being of Aboriginal or Torres Strait Islander descent; and
                (c)    whom the practitioner assesses as meeting the eligibility criteria in subsection (3); and
               (d)    who provides consent to receive supplies under this Special Arrangement to:
                          (i)    the practitioner; or
                         (ii)    the general practice or Indigenous Health Service that employs or contracts the practitioner or of which the practitioner is a member; and
                (e)    who completes the form approved by the Secretary for the purpose.
         (3)   For subsection (2), the eligibility criteria are that the patient, in the opinion of the practitioner:
                (a)    has an existing chronic disease, or is at risk of developing a chronic disease; and
               (b)    would experience setbacks in the prevention or ongoing management of the disease if the patient did not adhere to a course of treatment (involving a pharmaceutical benefit) for the disease; and
                (c)    is unlikely to adhere to the course of treatment without assistance under this Special Arrangement.
11            Co-payment reduction
         (1)   Section 87 of the Act applies to the supply of a pharmaceutical benefit under this Special Arrangement, but with the modifications set out in this section.
Co-payment of nil
(2)  The amount that an approved supplier may charge for the supply of a pharmaceutical benefit under this Special Arrangement is nil if either:
                (a)    paragraph 87(2)(a), (b) or (c) of the Act would otherwise have applied to the supply of the pharmaceutical benefit; or
               (b)    it is a supply that is described in subsection 99(2AB) or (2B) of the Act.
Note    Under the Act, a supply described in subsection 99 (2AB) or (2B) of the Act is deemed to be a supply and receipt otherwise than under Part VII of the Act (other than for the purposes of Division 1A of that Part). Normally, an approved supplier does not make a claim for payment for supply of a pharmaceutical benefit. When this Special Arrangement applies, an approved supplier may make a claim in accordance with section 15 of this Special Arrangement.
Co-payment of $5.80
         (3)   The amount that an approved supplier may charge for the supply of a pharmaceutical benefit under this Special Arrangement is $5.80 if either:
                (a)    paragraph 87(2)(e) of the Act would otherwise have applied to the supply of the pharmaceutical benefit; or
               (b)    it is a supply that is described in subsection 99(2A) of the Act.
Note 1   The figure expressed is periodically adjusted — see section 13 (indexation).
Note 2   Under the Act, a supply described in subsection 99 (2A) of the Act is deemed to be a supply and receipt otherwise than under Part VII of the Act (other than for the purposes of Division 1A of that Part). Normally, an approved supplier does not make a claim for payment for supply of a pharmaceutical benefit. When this Special Arrangement applies, an approved supplier may make a claim in accordance with section 15 of this Special Arrangement.
The general patient safety net or concessional beneficiary safety net
         (4)   For the purpose of calculating an amount for the general patient safety net or concessional beneficiary safety net (within the meaning of section 99F of the Act), and despite subsections (2) and (3):
                (a)                if paragraph 87(2) (a), (b) or (c) of the Act would otherwise have applied to its supply — the amount charged is taken to be the amount mentioned in the paragraph that applies; and
               (b)    if paragraph 87(2) (e) of the Act would otherwise have applied to its supply — the amount charged is taken to be the amount mentioned in that paragraph; and
                (c)    if subsection 99(2A), (2AB), or (2B)  of the Act would have operated for the supply — the amount charged is taken to be the amount worked out for the pharmaceutical benefit under subsection 84C (7) of the Act; and
               (d)    the indexation provisions of Division 4A of Part VII of the Act apply.
12            Eligibility for concession and entitlement cards under the Act
                Section 84C of the Act applies to a patient in accordance with subsection 11(4).
13            Indexation
                Division 4A of Part VII of the Act applies to an amount mentioned in subsection 11(3) or 14(2), or to the amount of $29.60 mentioned in subsection 14(4), as if:
                (a)    it were an amount appearing in the CPI Indexation Table in subsection 99G (1) of the Act; and
               (b)    the indexation day for the amount were 1 January; and
                (c)    the reference quarter for the amount were September.
14            Payment by Commonwealth
         (1)   Section 99 of the Act applies but with the modifications set out in this section.
If the co‑payment is nil under paragraph 11(2)(a)
         (2)   If the amount that an approved supplier is entitled to charge for the supply by the supplier of a pharmaceutical benefit under this Special Arrangement is nil under paragraph 11(2)(a), the supplier is entitled to be paid by the Commonwealth the amount of $5.80 in addition to what the supplier is entitled to be paid for the supply under subsection 99(2) or subsection 99(4) of the Act.
Note   The figure expressed is periodically adjusted — see section 13 (indexation).
If the co‑payment is nil under paragraph 11(2)(b)
         (3)   If the amount that an approved supplier is entitled to charge for the supply by the supplier of a pharmaceutical benefit under this Special Arrangement is nil under paragraph 11(2)(b), the supplier is entitled to be paid by the Commonwealth the price of the pharmaceutical benefit under subsection 84C(7) of the Act.
If the co‑payment is $5.80 under paragraph 11 (3) (a)
         (4)   If the amount that an approved supplier is entitled to charge for the supply by the supplier of a pharmaceutical benefit under this Special Arrangement is $5.80 under paragraph 11(3)(a), the supplier is entitled to be paid by the Commonwealth the amount of $29.60 in addition to what the supplier is entitled to be paid for the supply under subsection 99(2) or subsection 99(4) of the Act.
Note   The figure expressed is periodically adjusted — see section 13 (indexation).
If the co‑payment is $5.80 under paragraph 11 (3) (b) 
         (5)   If the amount that an approved supplier is entitled to charge for the supply by the supplier of a pharmaceutical benefit under this Special Arrangement is $5.80 under paragraph 11(3)(b), the supplier is entitled to be paid by the Commonwealth the amount (if any) by which the price of the pharmaceutical benefit under subsection 84C(7) of the Act exceeded the amount charged.
Note   The figure expressed is periodically adjusted — see section 13 (indexation).
15            Claim for payment
         (1)   An approved supplier who wants to receive payment from the Commonwealth for the supply of a pharmaceutical benefit under this Special Arrangement must make a claim for payment to the Chief Executive Medicare on behalf of the Secretary.
         (2)   The claim must be made in accordance with section 99AAA of the Act with the following modifications:
                (a)    if it is for the supply of a pharmaceutical benefit under paragraph 11(2)(b) or 11(3)(b) — in accordance with section 99AAA of the Act, as if the supply were a supply to which Part VII of the Act applies;
               (b)    unless made using the manual system, must include an indicator that the claim is being made for the supply of a pharmaceutical benefit under this Special Arrangement.
Note    Subsections 99AAA(4) and (5) and section 99AAB of the Act provide that an approved supplier must use the Claims Transmission System, unless permitted to use the manual system under section 99AAB of the Act. If a claim is made using the manual system, the PBS prescriber’s annotation of the prescription in accordance with subsection 7(4) of this Special Arrangement will be sufficient. 
16            Transitional
         (1)   If a matter specified in this subsection was in effect under a specified provision of the former Special Arrangement immediately prior to the commencement of this Special Arrangement, it is taken to have effect under a specified provision of this Special Arrangement:  
 
matter
provision of former Special Arrangement
provision of this Special Arrangement

prescription
5
7

approved Indigenous Health Service
7(d)
9(d)

registered patient
8(2)
10(2)

approved form
8(2)(d)
10(2)(e)

 
         (2)   In subsection 16(1) the former Special Arrangement means the National Health (Indigenous Chronic Disease – PBS Co-payment Measure) Special Arrangements Instrument 2010 (PB 66 of 2010).   
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.