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NATIONAL HEALTH ACT 1953 - SECT 99

Payment for supply of benefits

  (2)   An approved pharmacist or approved medical practitioner who has supplied a pharmaceutical benefit is, subject to section   99AAA and to the conditions determined under section   98C and applicable at the time of the supply, entitled to be paid by the Commonwealth:

  (a)   where the prescription for the supply of the pharmaceutical benefit was an entitlement card prescription, and the supply was not an early supply of a specified pharmaceutical benefit--an amount equal to the Commonwealth price of the pharmaceutical benefit as at the time of the supply; and

  (b)   in any other case--the amount (if any) by which the Commonwealth price of the pharmaceutical benefit, as at the time of the supply, exceeded the amount (without any allowable discount) that the pharmacist or approved medical practitioner was entitled to charge under subsection   87(2) or (3).

  (2AA)   If:

  (a)   an approved pharmacist or approved medical practitioner is entitled to be paid an amount by the Commonwealth under subsection   (2) in relation to the supply of a pharmaceutical benefit; and

  (b)   a determination under subsection   85B(4) is in force in relation to a listed brand of a pharmaceutical item that is the pharmaceutical benefit; and

  (c)   the brand of the pharmaceutical item was supplied in the circumstances specified in that determination;

then, subject to section   99AAA and the conditions determined under section   98C and applicable at the time of the supply, the approved pharmacist or approved medical practitioner is entitled to be paid by the Commonwealth an amount that is equal to the amount of the special patient contribution for the brand of the pharmaceutical item.

  (2A)   Where a pharmaceutical benefit is supplied upon a general benefit prescription (other than in a case to which subsection   (2AB) applies), or a supply of a pharmaceutical benefit is an early supply of a specified pharmaceutical benefit upon a concession card prescription, and:

  (a)   the pharmaceutical benefit is supplied by an approved pharmacist or an approved medical practitioner otherwise than as referred to in paragraph   (b) and the Commonwealth price of the pharmaceutical benefit does not, at the time of the supply, exceed the general patient charge amount; or

  (aa)   the pharmaceutical benefit is supplied by an approved hospital authority and the amount that would have been the Commonwealth price of the pharmaceutical benefit if it had been supplied by an approved pharmacist does not, at the time of the supply, exceed the general patient charge amount; or

  (b)   the pharmaceutical benefit is supplied by an approved pharmacist or an approved medical practitioner in accordance with a direction included in a prescription in pursuance of subsection   88(6) or (6A) and the Commonwealth price of the maximum quantity or number of units of the pharmaceutical benefit that could, but for that subsection, have been directed to be supplied on any one occasion does not, at the time of the supply, exceed the general patient charge amount;

the supply and receipt of that pharmaceutical benefit shall, for all purposes of this Part (other than for the purposes of Division   1A), be deemed to be a supply and receipt otherwise than under this Part.

  (2AB)   Where a pharmaceutical benefit is supplied upon a general benefit prescription to a person referred to in paragraph   87(2)(b) and:

  (a)   the pharmaceutical benefit is supplied by an approved pharmacist or an approved medical practitioner otherwise than as referred to in paragraph   (c) and the Commonwealth price of the pharmaceutical benefit does not, at the time of the supply, exceed $4.60; or

  (b)   the pharmaceutical benefit is supplied by an approved hospital authority and the amount that would have been the Commonwealth price of the pharmaceutical benefit if it had been supplied by an approved pharmacist does not, at the time of the supply, exceed $4.60; or

  (c)   the pharmaceutical benefit is supplied by an approved pharmacist or an approved medical practitioner in accordance with a direction included in a prescription under subsection   88(6) or (6A) and the Commonwealth price of the maximum quantity or number of units of:

  (i)   if the pharmaceutical benefit has a pharmaceutical item--the pharmaceutical item; or

  (ii)   in any other case--the pharmaceutical benefit;

    that could, apart from that subsection, have been directed to be supplied on any one occasion does not, at the time of the supply, exceed $4.60;

the supply and receipt of that pharmaceutical benefit is, for all purposes of this Part (other than the purposes of Division   1A), taken to be a supply and receipt otherwise than under this Part.

Note:   The figures expressed in this subsection in dollars are periodically adjusted under section   99G.

  (2B)   Where a pharmaceutical benefit is supplied upon a concessional benefit prescription and:

  (a)   the pharmaceutical benefit is supplied by an approved pharmacist or an approved medical practitioner otherwise than as referred to in paragraph   (c) and the Commonwealth price of the pharmaceutical benefit does not, at the time of the supply, exceed $4.60; or

  (b)   the pharmaceutical benefit is supplied by an approved hospital authority and the amount that would have been the Commonwealth price of the pharmaceutical benefit if it had been supplied by an approved pharmacist does not, at the time of the supply, exceed $4.60; or

  (c)   the pharmaceutical benefit is supplied by an approved pharmacist or an approved medical practitioner in accordance with a direction included in a prescription in pursuance of subsection   88(6) or (6A) and the Commonwealth price of the maximum quantity or number of units of:

  (i)   if the pharmaceutical benefit has a pharmaceutical item--the pharmaceutical item; or

  (ii)   in any other case--the pharmaceutical benefit;

    that could, apart from that subsection, have been directed to be supplied on any one occasion does not, at the time of the supply, exceed $4.60;

the supply and receipt of that pharmaceutical benefit shall, for all purposes of this Part (other than for the purposes of Division   1A), be deemed to be a supply and receipt otherwise than under this Part.

Note:   The figures expressed in this subsection in dollars are periodically adjusted under section   99G.

  (2C)   If a supply is eligible for increased discounting, then:

  (a)   subject to paragraph   (b) of this subsection, paragraph   (2)(b) applies in relation to the supply as if the reference in paragraph   (2)(b) to the amount (without any allowable discount) that the pharmacist or medical practitioner was entitled to charge under subsection   87(2) were a reference to the general patient charge amount; and

  (b)   if an amount is charged for the supply under subparagraph   87(2)(e)(ii)--subsection   (2) of this section does not apply in relation to the supply.

Note:   Subparagraph   87(2)(e)(i) allows an approved pharmacist or approved medical practitioner to charge the general patient charge amount (less any allowable discount) for certain supplies. Subparagraph   87(2)(e)(ii) allows the approved pharmacist or approved medical practitioner to charge a lower amount if the supply is eligible for increased discounting.

  (3)   Nothing in this section shall be deemed to authorize payment in respect of the supply of a drug or medicinal preparation:

  (a)   to a person who is not entitled under this Part to receive that drug or medicinal preparation as a pharmaceutical benefit;

  (b)   by an approved pharmacist at or from premises in respect of which he or she is not approved or otherwise than in accordance with the terms of his or her approval; or

  (c)   by an approved medical practitioner outside the area in respect of which he or she is approved or otherwise than in accordance with the terms of his or her approval.

  (4)   An approved hospital authority is, subject to this Part, entitled to payment from the Commonwealth, at such rates and subject to such conditions as the Minister determines, in respect of the supply of particular quantities or numbers of units of pharmaceutical benefits to patients receiving treatment in or at a hospital in respect of which the approved hospital authority is approved.

  (5)   A payment to which an approved hospital authority in a State is entitled under this section may be paid to that State, or to an authority of that State, on behalf of the approved hospital authority.

  (6)   After the commencement of this section a payment in pursuance of subsections   (4) and (5) may be made as if those subsections had come into operation on the date upon which an agreement between the Commonwealth and the State under section   5 of the Hospital Benefits Act 1951 came into force.

  (7)   Subject to subsection   (8), an approved supplier is not entitled:

  (a)   if the supplier is an approved pharmacist or an approved medical practitioner--despite subsection   99(2); and

  (b)   if the supplier is an approved hospital authority--despite subsection   99(4);

to be paid by the Commonwealth for the supply of a pharmaceutical benefit to a person on a prescription presented to the approved supplier on or after 1   July 2001 or such later date as is prescribed for the purposes of this subsection unless:

  (c)   there is ultimately supplied to the Chief Executive Medicare a medicare number, or a special number, as a number applicable to the person to whom the prescription relates; and

  (d)   if the number so supplied is such a medicare number--that medicare number corresponds with a medicare number that is held in the records of the Chief Executive Medicare as a number applicable to that person.

  (8)   The Minister may, by legislative instrument, identify circumstances in which subsection   (7) does not prevent an approved supplier being paid by the Commonwealth for the supply of a pharmaceutical benefit in respect of a person to whom a prescription relates although a medicare number ultimately supplied to the Chief Executive Medicare in relation to the prescription does not correspond with a medicare number that is held in the records of the Chief Executive Medicare as a number applicable to that person.


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