Document ID: chunk:federal_register_of_legislation:C2025C00090:section:93a
Version: federal_register_of_legislation:C2025C00090
Segment Type: section
Provision Reference: s 93A
Character Range: 249558–251305

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.