PB 50 of 2012
National Health (Pharmaceutical benefits supplied under subsection 93A(4)) Determination 2012
 
National Health Act 1953
___________________________________________________________________________
 
 
I, Tanya Plibersek, make this Determination under Regulation 37AA of the National Health (Pharmaceutical Benefits) Regulations 1960.
Dated     29 June 2012
 
 
 
 
 
 
 
 
 
 
 
TANYA PLIBERSEK
Minister for Health
 
___________________________________________________________________________
 
 
 
 
1              Name of Instrument
 
(1)                This Instrument is the National Health (Pharmaceutical benefits supplied under subsection 93A(4)) Determination 2012.
 
(2)                This Instrument may also be cited as PB 50 of 2012.
 
2             Commencement
This Instrument commences on 1 July 2012.
3              Definitions
 
In this Determination:
 
Act means the National Health Act 1953
 
patient co-payment means the amount charged by an approved pharmacist or approved medical practitioner in accordance with subsection 87(2) of the Act.
 
Regulations means the National Health (Pharmaceutical Benefits) Regulations 1960.
 
Note   Terms used in this Determination have the same meaning as in the Act — see section 13 of the Legislative Instruments Act 2003. These terms include:
·      approved medical practitioner
·      approved pharmacist
·      Commonwealth price
·      pharmaceutical benefit
·      special patient contribution
4              Rate of payment to approved pharmacist or approved medical practitioner
 
For regulation 37AA of the Regulations, the rate of payment by the Commonwealth for supply of a pharmaceutical benefit by an approved pharmacist or an approved medical practitioner under subsection 93A(4) of the Act to a prescribed institution mentioned in paragraph 93A(1)(b) of the Act is:
(a)                  the amount that the Commonwealth price for the supply of the pharmaceutical benefit by an approved pharmacist or approved medical practitioner (as applicable) exceeds the patient co-payment; and
(b)                  the special patient contribution for the supply of the pharmaceutical benefit, if the circumstances determined under subsection 85B(5) of the Act are met.
Note A prescribed institution mentioned in paragraph 93A(1)(b) of the Act is a residential care service within the meaning of the Aged Care Act 1997.
5              Conditions applicable to approved pharmacist and approved medical practitioner
 
For regulation 37AA of the Regulations, payment for supply of a pharmaceutical benefit by an approved pharmacist or an approved medical practitioner under subsection 93A(4) of the Act to a prescribed institution mentioned in paragraph 93A(1)(b) of the Act is subject to the conditions determined by the Minister under paragraph 98C(1)(b) of the Act.
Note A prescribed institution mentioned in paragraph 93A(1)(b) of the Act is a residential care service within the meaning of the Aged Care Act 1997.
Note
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.