Commonwealth Consolidated Acts

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NATIONAL HEALTH ACT 1953 - SECT 93A

Supply of certain pharmaceutical benefits to patients in private hospitals or aged care facilities

  (1)   In this section:

"prescribed institution" means:

  (a)   a private hospital; or

  (b)   a residential care service within the meaning of the Aged Care Act 1997 .

  (2)   For the purposes of this section, the Minister may determine:

  (a)   the pharmaceutical benefits or classes of pharmaceutical benefits that may be supplied under this section to patients receiving treatment in prescribed institutions; and

  (b)   the conditions under which such pharmaceutical benefits may be supplied to, and held by, prescribed institutions.

Note:   Subsection   33(3A) of the Acts Interpretation Act 1901 applies to a determination under subsection   (2). This means that, for example, a determination could determine conditions for private hospitals that are different from conditions that are determined for residential care services.

  (3)   A copy of each determination made by the Minister under subsection   (2) is to be published in the Gazette .

  (4)   An approved supplier may supply to a prescribed institution, in accordance with determinations made under paragraph   (2)(b), pharmaceutical benefits that are covered by a determination made under paragraph   (2)(a).

  (5)   A PBS prescriber may authorise a prescribed institution to supply a pharmaceutical benefit to patients receiving treatment in the institution if:

  (a)   the pharmaceutical benefit is covered by a determination made under paragraph   (2)(a); and

  (b)   the PBS prescriber is authorised under section   88 to write a prescription for the supply of the pharmaceutical benefit.

  (6)   Payment by the Commonwealth in respect of the supply of pharmaceutical benefits under this section is to be made as prescribed.


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