Common use of Pharmacy Charges Clause in Contracts

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. (1) Subject to clause D.5(2) D.5 (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 Health NZ 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 Health NZ acknowledge that: (a) at least annually, or more frequently if required, Te Whatu Ora Health NZ 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. (1) Subject to clause D.5(2) D.5 (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 the DHB 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 DHB acknowledge that: (a) at least annually, or more frequently if required, Te Whatu Ora the District Health Boards 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. (1) Subject to clause D.5(2) D.5 (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. (1a) Subject In addition to clause D.5(2) (any Co-payments), clause D.6 (Payments and/or Product Premiums), and subclause (2), the Provider Premiums that you may not charge a Service User, you may also charge an additional amount by way of Pharmacy Charge for providing the Services and Dispensing Pharmaceuticals in the following circumstances: (i) you may charge an additional amount, at your discretion, for other services that you provide to Service Users in addition to the Services that we fund under this Agreement, including where you fulfil a request by a Service User or a Prescriber which is in excess of the requirements of the Pharmaceutical Schedule or this Agreement (other than a request relating to an antibiotic, anti-depressant, or anti-psychotic, or a Class B Controlled Drug or any amount Pharmaceuticals in the antituberculotics and antileprotics group in the Pharmaceutical Schedule); (whether characterised as voluntary or notii) in connection with you may charge an additional amount, at your discretion, for the provision of ServicesPharmaceuticals in excess of the maximum quantity specified for the relevant Pharmaceutical in the Pharmaceutical Schedule; (iii) you may charge an additional amount, except at your discretion, for delivery of the Pharmaceutical where, for example, it is delivered to a Service User’s place of residence or business; (iv) you may charge an additional amount, at your discretion, for the cost of any unusual packaging, for example Xxxxxxx blister packaging; (v) you may charge an additional amount, at your discretion, if the Pharmaceutical prescribed is collected by the Service User from your Pharmacy outside ordinary business hours. For the purpose of this clause H4.6, “ordinary business hours” means between the hours of 8.30am and 5pm, Monday to Friday, provided that if you demonstrate to our reasonable satisfaction that the ordinary hours of shop trading in accordance the locality in which the Pharmacy concerned is established are different from these hours, we will use reasonable endeavours to agree with you a different definition of “ordinary business hours” to be reflected in Part P of this Agreement and in that case will allow you to charge an additional amount, at your discretion, outside those hours; (vi) you may charge an additional amount, at your discretion, where: (A) the Permitted Pharmacy Charges Rules information contained in a Prescription Form does not include all the information it should include that you are required to forward to us in order to obtain payment for your services; and ("Pharmacy Charges")B) you have to obtain this missing information from a person or organisation other than the Service User. (2b) The Provider For the avoidance of doubt, you may not charge a Service User: (i) an additional amount by way of Pharmacy Charge unless a relevant circumstance described in sub-clauses (i) to (vi) of paragraph (a) above has arisen in relation to that Service User at the time of that charge and is the particular circumstance being charged for; (ii) any charge that is intended to, or has the effect of, spreading the costs of circumstances described in the Permitted Pharmacy Charges Rules sub-clauses (i) to (vi) of paragraph (a) above across Service Users more generally, provided that this sub-clause (ii) does not prevent you from applying a standard “intervention” charge for any or all of those circumstances described in sub-clauses (i) to (vi) of paragraph (a) above instead of charging different time-based amounts to the Service User in question on each occasion; or (biii) any other amount Pharmacy Charge not expressly permitted by the Permitted Pharmacy Charges Rules.this Agreement, (3c) 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 Where a Pharmacy ChargeCharge is applicable, it must you must, before the Services and Pharmaceuticals are provided, inform the Service User of the amount of, and reason for, the Pharmacy Charge, Charge and explain how they he or she may avoid or reduce the Pharmacy Charge, before the Services or Pharmaceuticals are provided. (5d) Despite anything else in Notwithstanding the provisions of this clause D.7H4.6, the Provider agrees that: you agree your Pharmacy Charge for services provided pursuant to relevant circumstances described in sub- clauses (i) to (vi) of paragraph (a) any Pharmacy Charge it charges will be fair and reasonable; (b) it will give . You must provide Service Users an with a rational explanation of the reasons for, and the amount of, any Pharmacy Charge that the Provider is you are proposing to charge or has chargedcharge, including providing reasonable supporting evidence if the Service User requests it; and (c) if requests. If requested (including as part of any AuditAudit under Part J of this Agreement), it will give Te Whatu Ora an you must also provide us with a rational explanation of the reasons for, and amounts of, any Pharmacy Charges that the Provider is you are proposing to charge or has have 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. (1) Subject to clause D.5(2) D.5 (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 a rational 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 the DHB a rational 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 DHB acknowledge that: (a) at least annually, or more frequently if required, Te Whatu Ora the District Health Boards 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.