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National Health Amendment (Pharmaceutical Benefits Scheme) Bill 2010

Schedule 5 Under co-payment data


National Health Act 1953

1  At the end of Division 2 of Part VII


98AC   Information about supplies

             (1)  An approved supplier that supplies a pharmaceutical benefit (including a supply taken, because of subsection 99(2A), to be a supply otherwise than under this Part):

                     (a)  must give to the Secretary, in relation to the supply of that benefit, the information specified in rules made by the Minister under paragraph (4)(a); and

                     (b)  must give the information in accordance with the rules made by the Minister under paragraph (4)(b).

             (2)  Subsection (1) does not apply if the approved supplier makes, or proposes to make, a claim for payment in relation to the supply of the pharmaceutical benefit under section 99AAA.

             (3)  Subject to the rules made by the Minister under paragraph (4)(b), subsections 99AAA(4) and (5) and section 99AAB (about the procedures for giving information) apply in relation to the giving of information under this section in the same way as they apply in relation to the giving of information under section 99AAA.

             (4)  The Minister must, by legislative instrument, make:

                     (a)  rules specifying the information to be given to the Secretary by approved suppliers in relation to the supply by them of pharmaceutical benefits; and

                     (b)  rules defining the procedures to be followed by approved suppliers in giving information to the Secretary in relation to the supply by them of pharmaceutical benefits.

             (5)  In making rules for the purposes of paragraph (4)(b), the Minister may define different procedures:

                     (a)  for the giving of information by electronic means; and

                     (b)  for the giving of information otherwise than by electronic means.

             (6)  Rules made under this section may be set out in the same document as rules made under subsection 99AAA(8).

2  Subsection 99AAA(8)

Omit “instrument in writing”, substitute “legislative instrument”.

3  Subsection 99AAA(9)

Repeal the subsection.

4  Paragraph 135AA(1)(c)

Repeal the paragraph, substitute:

                     (c)  was obtained by the agency or any other agency in connection with:

                              (i)  a claim for payment of a benefit under the Medicare Benefits Program or the Pharmaceutical Benefits Program; or

                             (ii)  a supply of a pharmaceutical benefit to which subsection 98AC(1) applies.

5  Subparagraph 135AA(2)(a)(i)

After “made”, insert “, or who provided the pharmaceutical benefit”.

6  Subparagraph 135AA(2)(a)(ii)

After “goods”, insert “or the pharmaceutical benefit”.

7  After subsection 135AA(5A)


          (5B)  Nothing in this section, or in the guidelines issued by the Information Commissioner, precludes the inclusion, in a database of information:

                     (a)  held by the Medicare Australia CEO; and

                     (b)  relating to supplies of pharmaceutical benefits to which subsection 98AC(1) applies;

of the pharmaceutical entitlements number applicable to the person to whom each such supply relates:

                     (c)  as a person covered by a benefit entitlement card; or

                     (d)  as a person included within a class identified by the Minister in a determination under subsection 86E(1).