COMMONWEALTH OF AUSTRALIA
 
 
Instrument number PB 16 of 2009
 
Special Arrangements under subsection 100(1)(b)(i) of the National Health Act 1953
 
 
I, Declan O’Connor-Cox, Assistant Secretary, Access and Systems Branch, Department of Health and Ageing and delegate of the Minister for Health and Ageing, pursuant to paragraph 100(1)(b)(i) of the National Health Act 1953, hereby make the following arrangement for the purpose of conducting a trial of alternative procedures for the supply of pharmaceutical benefits to in-patients of private hospitals:
 
Special Arrangements for the Multiple Hospitals Paperless Claiming Trial
 
Commencement
 
1.                  These arrangements commence on 1 January 2008.
 
Definitions
 
2.                  In these arrangements:
 
a)      a word or phrase will be taken to have the same meaning as in the Act, the Regulations or a declaration, determination or other instrument made under Part VII of the Act or under the Regulations;
 
b)      “in-patient of the hospital” means a person who occupies a bed in the hospital for the purpose of hospital treatment, but does not include a member of the staff of the hospital who is receiving treatment in his or her own quarters;
 
c)      “the Act” means the National Health Act 1953;
 
d)      “the approved supplier”, means the approved suppliers whose name, address and approval number are specified in Column 2 of the Schedule to these arrangements opposite the name of that hospital in Column 1 of the Schedule;
 
e)      “the hospital” means  each hospital whose name and address is specified in Column 1 of the Schedule to these arrangements;
 
f)        “Medicare Australia” means the statutory agency established by the Medicare Australia Act 1973;
 
g)      “the Medicare Australia CEO ” means the Chief Executive Officer of Medicare Australia
 
h)      “the Regulations” means the National Health (Pharmaceutical Benefits) Regulations 1960 as they exist from time to time;
 
i)        “the Rules” means the rules in force under section 99AAA(8) of the Act as they exist from time to time; and
 
j)        “the Secretary” means the Secretary of the Department of Health and Ageing, as the delegate for the Minister for Health and Ageing.
 
3.                  These arrangements will apply to the supply of pharmaceutical benefits by approved suppliers to the in-patients of the hospitals specified in Column 1 of the Schedule.
 
4.                  Except where otherwise specified in these arrangements, the provisions of the Act, the Regulations and the declarations, determinations and other instruments made under Part VII of the Act and under the Regulations will apply to the prescribing of pharmaceutical benefits for the treatment of the in-patients of the hospital, to the supply of those pharmaceutical benefits by the approved supplier to the in-patients of the hospital, and  to claims for payment by the approved supplier for the supply of those pharmaceutical benefits.
 
Medical Practitioner
 
5.                  A medication chart prepared and signed by a medical practitioner, on which is prescribed a pharmaceutical benefit for the medical treatment of the in-patient of the hospital who is named on the medication chart, will be taken to be a duly written prescription, within the meaning of Regulation 19 of the Regulations, provided that:
 
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 19(1)(d) 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 of the hospital 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 19A of the Regulations; and
 
d)      the medication chart bears the identification number issued by Medicare Australia, according to Regulation 8A of the Regulations, to the medical practitioner who prescribed the pharmaceutical benefit; and
 
e)      if the medication chart directs, pursuant to paragraph 85A(2)(b) of the Act and subparagraph 19(1)(f)(ii) of the Regulations, that the supply of the pharmaceutical benefits is to be repeated, that direction will be invalid; and
 
f)        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 24 of the Regulations, that direction will be taken to be a direction to supply the maximum quantity for that benefit determined under paragraph 85A(2)(a) of the Act; and
 
g)      if the medication chart directs the supply of a quantity of a pharmaceutical benefit greater than the maximum quantity for that benefit determined under paragraph 85A(2)(a) of the Act, the medical practitioner who prescribed the pharmaceutical benefits has provided the Medicare Australia CEO with the number, including the sub-numerate, of the Medicare card which applies to the in-patient for whose treatment the medication chart has been prepared and has obtained, in accordance with regulation 13 of the Regulations, an authority from the Minister which varies the application of that determination to the in-patient; and
 
h)      if the medication chart directs the supply of a pharmaceutical benefit for which it is necessary to obtain the authority of the Minister pursuant to subparagraph 14(d) of the declaration made under subsection 85(2) of the Act, the medical practitioner who prescribed the pharmaceutical benefit has provided the Medicare Australia CEO with the number, including the sub-numerate, of the Medicare card, which applies to the in-patient for whose treatment the medication chart has been prepared and has obtained that authority in accordance with that subparagraph.
 
Participating Dental Practitioner
 
6.                  A medication chart prepared by a participating dental practitioner, on which is prescribed a pharmaceutical benefit for the dental treatment of the in-patient of the hospital who is named on the medication chart, will be taken to be a duly written prescription, within the meaning of Regulation 19 of the Regulations, provided that:
 
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 19(1)(d) 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 of the hospital 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 19A of the Regulations; and
 
d)    the medication chart bears the identification number issued by Medicare Australia, according to Regulation 8A of the Regulations, to the participating dental practitioner who prescribed the pharmaceutical benefit.
 
 
Authorised Optometrist
 
A medication chart prepared by an authorised optometrist, on which is prescribed a pharmaceutical benefit for the medical treatment of the in-patient of the hospital who is named on the medication chart, will be taken to be a duly written prescription, within the meaning of Regulation 19 of the Regulations, provided that:
 
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 19(1)(d) of 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 of the hospital 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 19A of the Regulations; and
 
d)      the medication chart bears the identification number issued by Medicare Australia, according to Regulation 8A of the Regulations, to the authorised optometrist who prescribed the pharmaceutical benefit; and
 
e)      if the medication chart directs, pursuant to paragraph 85A(2)(b) of the Act and subparagraph 19(1)(f)(ii) of the Regulations, that the supply of the pharmaceutical benefit is to be repeated, that direction will be invalid; and
 
f)        if the medication chart directs the supply of an increased quantity of a pharmaceutical benefit pursuant to subsection 88(6) of the Act and regulation 24 of the Regulations, that direction will be taken to be a direction to supply the maximum quantity for that benefit determined under paragraph 85A (2)(a) of the Act; and
 
g)      if the medication chart directs the supply of a quantity of a pharmaceutical benefit greater than the maximum quantity for that benefit determined under paragraph 85A (2)(a) of the Act, the authorised optometrist who prescribed the pharmaceutical benefit has provided the Medicare Australia CEO with the number, including the sub-numerate, of the Medicare card which applies to the in-patient for whose treatment the medication chart has been prepared and has obtained in accordance with regulation 13 of the Regulations, an authority from the Minister which varies the application of that determination to the in-patient; and
 
h)      if the medication chart directs the supply of a pharmaceutical benefit for which it is necessary to obtain the authority of the Minister pursuant to subparagraph 14 (d) of the declaration made under subsection 85(2) of the Act, the authorised optometrist who prescribed the pharmaceutical benefit has provided the Medicare Australia CEO with the number, including the sub-numerate, of the Medicare card, which applies to the in-patient for whose treatment the medication chart has been prepared and has obtained that authority in accordance with that subparagraph.
 
8.                  The approved supplier will supply pharmaceutical benefits to in-patients of the hospital 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 will not, pursuant to Regulation 26A of the Regulations, defer the supply of one or more of the benefits; and
 
b)   in lieu of the requirements of Regulation 31 of the Regulations, the approved supplier or a person authorised for the purpose by the approved supplier  certifies 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.
 
9.                  The approved supplier must prepare an electronic pharmacy record in respect of each medication chart in respect of which a pharmaceutical benefit has been supplied to an in-patient of the hospital, and must retain that electronic pharmacy record for not less than one year after the day on which the pharmaceutical benefit was supplied.
 
10.              The electronic pharmacy record referred to in paragraph 9 must contain all information required to be included in a prescription record by Part 4 of Schedule 1 of the Rules.
 
11.              Subject to paragraph 12, a claim by the approved supplier in respect of pharmaceutical benefits supplied to in-patients of the hospital may be furnished unaccompanied by the medication charts in respect of which pharmaceutical benefits have been supplied to in-patients of the hospital.
 
12.              If the Medicare Australia CEO notifies the hospital that a copy of all or any of the electronic pharmacy records in respect of pharmaceutical benefits supplied to in-patients of the hospital is required to be submitted, the approved supplier shall submit a copy of each such electronic pharmacy record to the Medicare Australia CEO.
 
13.              If the Medicare Australia CEO notifies the 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 Medicare Australia CEO.
 
14.       Information provided by electronic means to the Secretary by the approved supplier in respect of a claim in respect of pharmaceutical benefits supplied to in-patients of the hospital will conform to the requirements of paragraph 5 and the Schedule to the Rules.
 
 
 
 
 
 
 
 
 
 
THE SCHEDULE
 
Column 1 – Name and address for hospital
Column 2 – Name, address and approval number of approved supplier

Cotham Private Hospital,
209 Cotham Road,
Kew Victoria 3101
Kelly Burton
HPS Pharmacies
166 Clarendon Street
East Melbourne, Victoria, 3002,
approval number 22484J

Epworth Hospital,
89 Bridge Road,
Richmond, Victoria 3121
David Slade
Slade Pharmacy
89 Bridge Road,
Richmond, Victoria 3121,
approval number 22287B

Knox Private Hospital,
262 Mountain Highway,
Wantirna, Victoria 3152
Janena Lea Garde, Dominic Coppola and Bruce Leslie Heal (trading as Hospital Pharmacy Services)
262 Mountain Highway,
Wantirna 3152,
approval number 23101W

Mercy Private Hospital,
159 Grey Street,
East Melbourne Victoria 3002
Anthony Ho Quet Loon
Mercy Private Hospital Pharmacy
159 Grey Street,
East Melbourne, Victoria 3002,
approval number 22145M

St Vincent’s Private Hospital,
59-61 Victoria Parade,
Fitzroy Victoria 3065
Anthony Ho Quet Loon
St Vincent’s Private Hospital Pharmacy
59 Victoria Parade,
Fitzroy Victoria 3065,
approval number 22815T

The Avenue Hospital,
40 The Avenue,
Windsor Victoria 3181
The Avenue Hospital
40 The Avenue,
Windsor Victoria 3181,
approval number HV252Q

Warringal Private Hospital
216 Burgundy Street,
Heidelberg Victoria 3084
Warringal Private Hospital Pharmacy
216 Burgundy Street,
Heidelberg Victoria 3084
approval number HV060N

 
 
 
Dated this    5th                                           day of          February                                  2009.
 
 
 
Declan O’Connor-Cox
Assistant Sectary
Access and Systems Branch
Department of Health and Ageing
Delegate to the Minister for Health