PB 83 of 2012
National Health (Pharmaceutical benefits supplied by private hospitals) Amendment Determination 2012 (No. 1)[1]
National Health Act 1953
I, TANYA PLIBERSEK, Minister for Health, make this Determination under subsection 99(4) of the National Health Act 1953.
Dated 24th September 2012
TANYA PLIBERSEK
Minister for Health
1 Name of Determination
(1) This Determination is the National Health (Pharmaceutical benefits supplied by private hospitals) Amendment Determination 2012 (No. 1).
(2) This Determination may also be cited as PB 83 of 2012.
2 Commencement
This Determination commences on 1 October 2012.
3 Amendment of National Health (Pharmaceutical benefits supplied by private hospitals) Determination 2010
Schedule 1 amends the National Health (Pharmaceutical benefits supplied by private hospitals) Determination 2010 made on 21 September 2010.
Schedule 1 Amendments
[1] Subsection 5(1)
insert
approved ex-manufacturer price has the same meaning as in subsection 84(1) of the Act.
[2] Subsection 5(1), definition of Approved Pharmacists Determination
omit
the Commonwealth price (Pharmaceutical benefits supplied by approved pharmacists) Determination 2010
insert
the determination made under paragraph 98B(1)(a) of the Act
[3] Subsection 5(1), definition of approved price to pharmacists
omit
[4] Subsection 5(1), definition of manufacturers’ packs
omit
insert
pack quantity has the same meaning as in subsection 84(1) of the Act.
Note: The Minister may determine one or more pack quantities for a brand of a pharmaceutical item under subsection 84AK(2) of the Act. The quantities determined are the quantities in manufacturer’s PBS packs.
[5] Subsection 5(1)
insert
proportional ex-manufacturer price has the same meaning as in subsection 84(1) of the Act.
[6] Subsection 5(1), definition of storage and handling mark-up
omit
the ex-manufacturer price of the benefit
insert
the approved ex-manufacturer price or the proportional ex-manufacturer price of the pack quantity of the benefit
[7] Subsection 5(2)
omit
[8] Subsection 11(1)
omit
substitute
(1) The dispensed price for the supply of a ready-prepared pharmaceutical benefit by an approved hospital authority to a patient receiving treatment in or at a private hospital for which the authority is approved is:
(a) if a quantity of the benefit that is ordered and supplied is equal to a multiple of a pack quantity of the benefit — the sum of:
(i) for each pack quantity:
(A) the approved ex-manufacturer price or the proportional ex-manufacturer price for the pack quantity; and
(B) the storage and handling mark-up; and
(C) the mark-up, worked out under section 12; and
(ii) a ready-prepared dispensing fee; or
(b) if a quantity of the benefit that is ordered and supplied is less than a pack quantity of the benefit — the sum of:
(i) the amount worked out under section 14; and
(ii) a ready-prepared dispensing fee; and
(iii) an amount for the supply of a container, worked out under section 13; or
(c) if a quantity of the benefit that is ordered and supplied is more than a multiple of a pack quantity of the benefit— the sum of:
(i) for each pack quantity:
(A) the approved ex-manufacturer price or the proportional ex-manufacturer price for the pack quantity; and
(B) the storage and handling mark-up; and
(C) the mark-up worked out under section 12; and
(ii) for the remainder of the quantity that is less than a pack quantity— the amount worked out under section 14; and
(iii) a ready-prepared dispensing fee.
[9] Subsection 12(1)
omit
subparagraph 11 (1) (a) (iii)
substitute
sub-subparagraph 11(1)(a)(i)(C)
[10] Subsection 12(1)
omit
subparagraphs 11 (1) (a) (i) and (ii)
insert
sub-subparagraphs 11(1)(a)(i)(A) and (B)
[11] Subsection 12(2)
omit
subparagraph 11 (1) (c) (iii)
substitute
sub-subparagraph 11(1)(c)(i)(C)
[12] Subsection 12(2)
omit
subparagraphs 11 (1) (c) (i) and (ii)
insert
sub-subparagraphs 11(1)(c)(i)(A) and (B)
[13] Section 14
omit
If a ready-prepared pharmaceutical benefit is ordered and supplied in a quantity that is less than the quantity contained in a standard or non‑standard pack (the broken quantity), the amount mentioned in subparagraph 11 (1) (b) (i) or (c) (iv) is to be worked out using the following method statement.
substitute
If a ready-prepared pharmaceutical benefit is ordered and supplied in a quantity that is less than a pack quantity (the broken quantity), the amount mentioned in subparagraph 11 (1) (b) (i) or (c) (ii) is to be worked out using the following method statement.
[14] Section 14, Step 1
omit
substitute
Step 1 Add together, for a pack quantity:
(a) the approved ex-manufacturer price or the proportional ex-manufacturer price for the pack quantity; and
(b) the storage and handling mark-up; and
(c) the mark-up worked out under section 12.
[15] Section 14, Step 2
omit
quantity or number of units in the standard or non-standard pack
substitute
pack quantity
[16] Section 15
omit
substitute
If the dispensed price worked out for the supply of a broken quantity of a ready-prepared pharmaceutical benefit exceeds the dispensed price for a pack quantity, the dispensed price for the pack quantity is the dispensed price for the broken quantity.
[17] Section 16
omit the heading to the section and the section
substitute
16 Pharmaceutical benefits mentioned in a determination under paragraph 98C (1) (b) of the Act
If a prescription directs the supply of a quantity of a pharmaceutical benefit mentioned in a determination under paragraph 98C(1)(b) of the Act as a pharmaceutical benefit the complete pack of which shall be supplied regardless of any lesser quantity ordered, the dispensed price is the price worked out as if a complete pack was supplied.
[1] 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
