Pharmacy Charges. (1) Subject to clause D.5(2) (Co-payments), clause D.6 (Product Premiums), and subclause (2), the Provider may not charge a Service User any amount (whether characterised as voluntary or not) in connection with the provision of Services, except in accordance with the Permitted Pharmacy Charges Rules ("Pharmacy Charges").
(2) The Provider may not charge a Service User:
(a) any charge that is intended to, or has the effect of, spreading the costs of circumstances described in the Permitted Pharmacy Charges Rules across Service Users more generally; or
(b) any other amount not expressly permitted by the Permitted Pharmacy Charges Rules.
(3) The Provider acknowledges and agrees that its obligations under this clause constitute a material obligation for the purposes of this Agreement.
(4) If the Provider is entitled to charge a Pharmacy Charge, it must inform the Service User of the amount of, and reason for, the Pharmacy Charge, and explain how they may avoid or reduce the Pharmacy Charge, before the Services or Pharmaceuticals are provided.
(5) Despite anything else in this clause D.7, the Provider agrees that:
(a) any Pharmacy Charge it charges will be fair and reasonable;
(b) it will give Service Users an explanation of the reasons for, and the amount of, any Pharmacy Charge that the Provider is proposing to charge or has charged, including providing reasonable supporting evidence if the Service User requests it; and
(c) if requested (including as part of any Audit), it will give Te Whatu Ora an explanation of the reasons for, and amounts of, any Pharmacy Charges that the Provider is proposing to charge or has been charging Service Users, including providing reasonable supporting evidence if requested.
(6) The Provider and Te Whatu Ora acknowledge that:
(a) at least annually, or more frequently if required, Te Whatu Ora will review the Permitted Pharmacy Charges Rules, and may, if required following that review, amend those rules after engaging with provider representatives appointed as described in clause B.22(3)(b) ; and
(b) to avoid doubt, amendments to the Permitted Pharmacy Charges Rules do not need to be made as a Compulsory Variation, or agreed as a Voluntary Variation.
Pharmacy Charges. (a) Subject to clause H4.4 (Co-payments) and clause H4.5 (Product Premiums), you may not charge a Service User any amount (whether characterised as “voluntary” or not) in connection with the provision of Services and Dispensing of Pharmaceuticals except in those circumstances that are specified in the Permitted Pharmacy Charges Rules. Notwithstanding the previous sentence, you may charge an amount, at your discretion, if the Pharmaceutical prescribed is collected by the Service User from your Pharmacy outside of ordinary business hours (unless you have contracted with us to provide after hours services as part of the “zero fees for under 13s” scheme). For the purpose of this clause H4.6(a), “ordinary business hours” means 8 a.m.-6 p.m. on Monday to Friday excluding Saturday and Sunday and public holidays that are recognised in our DHB’s geographical area.
