Commonwealth Numbered Regulations - Explanatory Statements

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NATIONAL HEALTH (PHARMACEUTICAL BENEFITS) AMENDMENT REGULATIONS 2001 (NO. 1) 2001 NO. 68

STATUTORY RULES 2001 No. 68

Issued by Authority of the Minister for Health and Aged Care

National Health Act 1953

National Health (Pharmaceutical Benefits) Amendment Regulations 2001 (No. 1)

Section 140 of the National Health Act 1953 ("the Act") provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Paragraph 105(a) of the Act provides that the Regulations may prescribe the terms and conditions subject to which pharmaceutical benefits may be supplied.

The National Health (Pharmaceutical Benefits) Regulations 1960 have been amended to remove duplication of work by approved suppliers (mostly approved pharmacists). This has been achieved by providing that concessional and safety net patients' entitlement numbers need not be marked on a paper prescription if they are included in the electronic prescription information submitted by an approved supplier who is using the Claims Transmission System. Under section 99AAA of the Act and the rules made under subsection 99AAA(8) of the Act, approved suppliers (with a few exceptions provided for by sections 99AAB and 99AAC of the Act), are required to lodge claims for payment for the supply of pharmaceutical benefits by submitting information electronically to the Secretary in respect of each prescription for which payment is being claimed, in addition to submitting the paper prescriptions to the Secretary.

In addition it is not be necessary for concessional and safety net patients' entitlement numbers to be marked on repeat authorisations and deferred supply authorisations at the time of their issue.

The above changes parallel the arrangements in respect of medicare numbers that were included in the National Health Amendment (Improved Monitoring of Entitlement to Pharmaceutical Benefits) Act 2000.

The National Health (Pharmaceutical Benefits) Regulations 1960 have been also been amended to make some other minor changes, including correction of some drafting errors.

Details of the Regulations are in the Attachment.

The Regulations commenced on 12 April 2001.

ATTACHMENT

Regulation 1 of the amending regulations provides that the name of the amending regulations is the National Health (Pharmaceutical Benefits) Amendment Regulations 2001 (No. 1).

Regulation 2 of the amending regulations provides that the amending regulations will commence on 12 April 2001.

Regulation 3 of the amending regulations provides that the National Health (Pharmaceutical Benefits) Regulations 1960 will be amended as set out in Schedule 1.

Item 1 of the Schedule amends the heading to regulation 8 as a consequence of the omission of subregulation 8(2) by item 3.

Item 2 of the Schedule amends subregulation 8(1) as a consequence of the omission of subregulation 8(2) by item 3.

Item 3 of the Schedule omits subregulation 8(2), which relates to application forms for isolated pharmacy allowance, remote pharmacy allowance and professional allowance under sections 99ZA, 99ZAA and 99ZDA of the Act respectively. These sections of the Act were repealed with effect from 30 June 2000. These sections of the Act were repealed with effect from 1 July 2000 by the National Health Amendment Act (No. 1) 2000.

Item 4 of the Schedule makes a drafting amendment to the heading to regulation 19A.

Item 5 of the Schedule inserts new subregulation 19A(1A), which provides that it is will not be necessary for a concessional patient's entitlement number to be marked on the prescription where the entitlement number is included in the prescription information supplied by an approved supplier who is using the Claims Transmission System provided for by section 99AAA of the Act.

Items 6 and 7 of the Schedule correct drafting errors in punctuation in subparagraphs 25(3)(c)(iii) and 25(4)(c)(iii) respectively.

Item 8 of the Schedule amends subparagraph 26(1A)(c)(iii) as a consequence of the omission of paragraph 26(1A)(d) by item 9.

item 9 of the Schedule omits paragraph 26(1A)(d), which requires a concessional or safety net patient's entitlement number to be marked on a repeat authorisation at the time of its issue. Entitlement of all patients, including concessional and safety net patients, to pharmaceutical benefits is checked at the time of supply of the benefit.

Item 10 of the Schedule makes a drafting amendment to subregulation 26A(2) to remove gender specific language.

Item 11 of the Schedule omits paragraph 26A(2)(c), which requires a concessional or safety net patient's entitlement number to be marked on a deferred supply authorisation at the time of its issue. Entitlement of all patients, including concessional and safety net patients, to pharmaceutical benefits is checked at the time of supply of the benefit.

Item 12 of the Schedule amends subregulation 38A(2) by amending "economists" to "health economists". This amendment corrects a drafting error that has resulted in an inconsistency with paragraph 100B(1A)(b) of the Act.