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This is a Bill, not an Act. For current law, see the Acts databases.

NATIONAL HEALTH AMENDMENT (BUDGET MEASURES - PHARMACEUTICAL BENEFITS SAFETY NET) BILL 2005

2004-2005
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
National Health Amendment (Budget
Measures--Pharmaceutical Benefits
Safety Net) Bill 2005
No. , 2005
(Health and Ageing)
A Bill for an Act to amend the Pharmaceutical
Benefits Scheme, and for related purposes
i National Health Amendment (Budget Measures--Pharmaceutical Benefits Safety Net) Bill
2005 No. , 2005
Contents
1
Short title.......................................................................................1
2
Commencement .............................................................................1
3
Schedule(s)....................................................................................2
Schedule 1--Early supplies of pharmaceutical benefits etc.
4
National Health Act 1953
4
Schedule 2--Amount of safety net
8
Part 1--Amendments commencing on Royal Assent
8
National Health Act 1953
8
Part 2--Amendments commencing on 1 January 2006
9
National Health Act 1953
9
Part 3--Amendments commencing on 1 January 2007
10
National Health Act 1953
10
Part 4--Amendments commencing on 1 January 2008
11
National Health Act 1953
11
Part 5--Amendments commencing on 1 January 2009
12
National Health Act 1953
12
Part 6--Amendments commencing on 31 December 2009
13
National Health Act 1953
13
National Health Amendment (Budget Measures--Pharmaceutical Benefits Safety Net) Bill 2005
No. , 2005 1
A Bill for an Act to amend the Pharmaceutical
1
Benefits Scheme, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the National Health Amendment (Budget
5
Measures--Pharmaceutical Benefits Safety Net) Act 2005.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 National Health Amendment (Budget Measures--Pharmaceutical Benefits Safety Net)
Bill 2005 No. , 2005
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day on which this Act receives the
Royal Assent.
2. Schedule 1,
items 1 and 2
The day on which this Act receives the
Royal Assent.
3. Schedule 1,
items 3 to 11
1 January 2006.
1 January 2006
4. Schedule 1,
item 12
The day on which this Act receives the
Royal Assent.
5. Schedule 1,
item 13
1 January 2006.
1 January 2006
6. Schedule 2,
Part 1
The day on which this Act receives the
Royal Assent.
7. Schedule 2,
Part 2
1 January 2006.
1 January 2006
8. Schedule 2,
Part 3
1 January 2007.
1 January 2007
9. Schedule 2,
Part 4
1 January 2008.
1 January 2008
10. Schedule 2,
Part 5
1 January 2009.
1 January 2009
11. Schedule 2,
Part 6
31 December 2009.
31 December
2009
Note:
This table relates only to the provisions of this Act as originally
1
passed by the Parliament and assented to. It will not be expanded to
2
deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
National Health Amendment (Budget Measures--Pharmaceutical Benefits Safety Net) Bill 2005
No. , 2005 3
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
Schedule 1 Early supplies of pharmaceutical benefits etc.
4 National Health Amendment (Budget Measures--Pharmaceutical Benefits Safety Net)
Bill 2005 No. , 2005
1
Schedule 1--Early supplies of pharmaceutical
2
benefits etc.
3
4
National Health Act 1953
5
1 Subsection 84(1)
6
Insert:
7
early supply of a specified pharmaceutical benefit has the
8
meaning given by subsection 84AAA(1).
9
2 After section 84
10
Insert:
11
84AAA Early supply of a specified pharmaceutical benefit
12
(1) A supply of a pharmaceutical benefit to a person (whether or not
13
that supply is a supply of a kind described in paragraph
14
84C(4A)(a)) is an early supply of a specified pharmaceutical
15
benefit if:
16
(a) the supply is made within 20 days after the day of a previous
17
supply of the same pharmaceutical benefit to the person
18
(whether or not the previous supply was a supply of a kind
19
described in paragraph 84C(4A)(a)); and
20
(b) the pharmaceutical benefit is specified in an instrument under
21
subsection (2); and
22
(c) the supply does not result from a prescription originating
23
from a hospital (within the meaning of the Health Insurance
24
Act 1973) or a day hospital facility.
25
Note:
For day hospital facility see subsection 4(1).
26
(2) The Minister may, by legislative instrument, specify
27
pharmaceutical benefits for the purposes of paragraph (1)(b).
28
Note:
For specification by class, see subsection 13(3) of the Legislative
29
Instruments Act 2003.
30
(3) Pharmaceutical benefits may be specified in an instrument under
31
subsection (2) by reference to:
32
Early supplies of pharmaceutical benefits etc. Schedule 1
National Health Amendment (Budget Measures--Pharmaceutical Benefits Safety Net) Bill 2005
No. , 2005 5
(a) the circumstances in which the pharmaceutical benefit is
1
supplied; or
2
(b) any other circumstances in relation to the pharmaceutical
3
benefit.
4
3 After subsection 84C(4)
5
Insert:
6
(4AA) The supply or repeated supply of a pharmaceutical benefit or
7
repatriation pharmaceutical benefit to a person must not be taken
8
into account for the purposes of this section if:
9
(a) it is an early supply of a specified pharmaceutical benefit;
10
and
11
(b) it is not a supply of out-patient medication.
12
4 Paragraph 87(2)(a)
13
Omit "upon a concessional benefit prescription or a concession card
14
prescription--charge the person", substitute:
15
upon:
16
(i) a concessional benefit prescription; or
17
(ii) an entitlement card prescription where the supply is an
18
early supply of a specified pharmaceutical benefit; or
19
(iii) a concession card prescription (other than where the
20
supply is an early supply of a specified pharmaceutical
21
benefit);
22
charge the person
23
5 After subsection 87(2)
24
Insert:
25
(2AAA) Paragraphs (2)(b) and (c) do not apply to an early supply of a
26
specified pharmaceutical benefit.
27
6 Paragraph 87(2)(e)
28
Omit "upon a general benefit prescription other than one relating to a
29
supply to which paragraph (b) or (c) applies", substitute "upon a general
30
benefit prescription (other than one relating to a supply to which
31
paragraph (b) or (c) applies), or a concession card prescription (where
32
the supply is an early supply of a specified pharmaceutical benefit)".
33
Schedule 1 Early supplies of pharmaceutical benefits etc.
6 National Health Amendment (Budget Measures--Pharmaceutical Benefits Safety Net)
Bill 2005 No. , 2005
7 At the end of subsection 87(2AB)
1
Add:
2
; and (e) any amount charged in respect of an early supply of a
3
specified pharmaceutical benefit (other than a supply of
4
out-patient medication) is to be disregarded.
5
8 Subsection 87(5)
6
Omit ", not being a holder of an entitlement card,".
7
9 After subsection 87(5)
8
Insert:
9
(5A) Subsection (5) does not apply to a supply if:
10
(a) the patient is the holder of an entitlement card; and
11
(b) the supply is not an early supply of a specified
12
pharmaceutical benefit.
13
10 Paragraph 99(2)(a)
14
After "entitlement card prescription", insert ", and the supply was not
15
an early supply of a specified pharmaceutical benefit".
16
11 Subsection 99(2A)
17
Omit "other than in a case to which subsection (2AB) applies",
18
substitute "(other than in a case to which subsection (2AB) applies), or
19
a supply of a pharmaceutical benefit is an early supply of a specified
20
pharmaceutical benefit upon a concession card prescription,".
21
12 After subsection 101(3)
22
Insert:
23
(3AA) The Pharmaceutical Benefits Advisory Committee must make
24
recommendations to the Minister from time to time about what
25
should be specified in a determination under subsection
26
84AAA(2).
27
(3AB) Subsection (3AA) does not limit subsection (3).
28
13 Application
29
Early supplies of pharmaceutical benefits etc. Schedule 1
National Health Amendment (Budget Measures--Pharmaceutical Benefits Safety Net) Bill 2005
No. , 2005 7
The amendments made by this Schedule apply to an early supply of a
1
specified pharmaceutical benefit made on or after 1 January 2006,
2
regardless whether it is an early supply of a specified pharmaceutical
3
benefit because of another supply of a pharmaceutical benefit or
4
repatriation pharmaceutical benefit that was made before 1 January
5
2006.
6
Schedule 2 Amount of safety net
Part 1 Amendments commencing on Royal Assent
8 National Health Amendment (Budget Measures--Pharmaceutical Benefits Safety Net)
Bill 2005 No. , 2005
1
Schedule 2--Amount of safety net
2
Part 1--Amendments commencing on Royal Assent
3
National Health Act 1953
4
1 Subsection 84C(1AA)
5
Omit "is $874.90", substitute "is the amount of the general patient
6
safety net (within the meaning of section 99F)".
7
2 Subsection 84C(1AA)
8
Omit "than $874.90", substitute "than the amount of the general patient
9
safety net".
10
3 Paragraph 87(2)(b)
11
Omit "than $874.90", substitute "than the amount of the general patient
12
safety net (within the meaning of section 99F)".
13
4 Paragraph 87(2)(c)
14
Omit "than $874.90", substitute "than the amount of the general patient
15
safety net (within the meaning of section 99F)".
16
5 Section 99F (definition of general patient safety net)
17
Repeal the definition, substitute:
18
general patient safety net means $874.90.
19
6 Section 99F
20
Insert:
21
general patient safety net base amount means $874.90.
22
7 Subsection 99G(1) (table item 4)
23
Omit "General patient safety net", substitute "General patient safety net
24
base amount".
25
Amount of safety net Schedule 2
Amendments commencing on 1 January 2006 Part 2
National Health Amendment (Budget Measures--Pharmaceutical Benefits Safety Net) Bill 2005
No. , 2005 9
1
Part 2--Amendments commencing on 1 January
2
2006
3
National Health Act 1953
4
8 Section 99F (definition of concessional beneficiary safety
5
net)
6
Omit "52", substitute "54".
7
9 Section 99F (definition of general patient safety net)
8
Repeal the definition, substitute:
9
general patient safety net means the general patient safety net base
10
amount plus 2 times the amount of the general patient charge.
11
Schedule 2 Amount of safety net
Part 3 Amendments commencing on 1 January 2007
10 National Health Amendment (Budget Measures--Pharmaceutical Benefits Safety Net)
Bill 2005 No. , 2005
1
Part 3--Amendments commencing on 1 January
2
2007
3
National Health Act 1953
4
10 Section 99F (definition of concessional beneficiary safety
5
net)
6
Omit "54", substitute "56".
7
11 Section 99F (definition of general patient safety net)
8
Omit "2", substitute "4".
9
Amount of safety net Schedule 2
Amendments commencing on 1 January 2008 Part 4
National Health Amendment (Budget Measures--Pharmaceutical Benefits Safety Net) Bill 2005
No. , 2005 11
1
Part 4--Amendments commencing on 1 January
2
2008
3
National Health Act 1953
4
12 Section 99F (definition of concessional beneficiary safety
5
net)
6
Omit "56", substitute "58".
7
13 Section 99F (definition of general patient safety net)
8
Omit "4", substitute "6".
9
Schedule 2 Amount of safety net
Part 5 Amendments commencing on 1 January 2009
12 National Health Amendment (Budget Measures--Pharmaceutical Benefits Safety Net)
Bill 2005 No. , 2005
1
Part 5--Amendments commencing on 1 January
2
2009
3
National Health Act 1953
4
14 Section 99F (definition of concessional beneficiary safety
5
net)
6
Omit "58", substitute "60".
7
15 Section 99F (definition of general patient safety net)
8
Omit "6", substitute "8".
9
Amount of safety net Schedule 2
Amendments commencing on 31 December 2009 Part 6
National Health Amendment (Budget Measures--Pharmaceutical Benefits Safety Net) Bill 2005
No. , 2005 13
1
Part 6--Amendments commencing on 31 December
2
2009
3
National Health Act 1953
4
16 Section 99F (definition of general patient safety net)
5
Repeal the definition, substitute:
6
general patient safety net means the amount that was the general
7
patient safety net immediately before 31 December 2009.
8
17 Section 99F (definition of general patient safety net base
9
amount)
10
Repeal the definition.
11
18 Subsection 99G(1) (table item 4)
12
Omit "General patient safety net base amount", substitute "General
13
patient safety net".
14

 

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