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Health Insurance (Pharmaceutical Benefit) (General Provisions) (No. 2) Order 2009.

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made (27/04/2009) regarding: Health Insurance (Pharmaceutical Benefit) (General Provisions) (No. 2) Order 2009.

Decision Reference: MD-S-2009-0016

Decision Summary Title :

Health Insurance (Pharmaceutical Benefit) (General Provisions) (No. 2) Order

Date of Decision Summary:

27 April 2009

Decision Summary Author:

Rosie Goulding, Policy Principal

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Health Insurance (Pharmaceutical Benefit) (General Provisions) (No. 2) Order

Date of Written Report:

8 April 2009

Written Report Author:

Rosie Goulding, Policy Principal

Written Report :

Public or Exempt?

Public

Subject: Health Insurance (Pharmaceutical Benefit) (General Provisions) (No. 2) Order

Decision(s): The Minister made the Health Insurance (Pharmaceutical Benefit) (General Provisions) (No. 2) Order 2009.

Reason(s) for Decision: On 1st May 2009, the Misuse of Drugs (General Provisions) (Jersey) Order 2009 (MD-HSS-2009-0020) comes into effect. The prescribed form for Health Insurance medicines must comply with its requirements and a consequential revision to Schedule 3 Health Insurance (Pharmaceutical Benefit) (General Provisions) (No.2) (Jersey) Order 2002 is therefore made.

Resource Implications: Replacing the prescribed form will cost the Health Insurance Fund an estimated £5,000. There are no manpower implications.

Action required: Notify the Greffe and the Law draftsman that the Order has been made and forward the signed and sealed Order to the Greffe for notification to the States. Social Security Department to notify all general practitioners, dentists and all pharmacies that the Order has been made.

Signature: 

Position: 

Date Signed: 

Date of Decision (If different from Date Signed):

Health Insurance (Pharmaceutical Benefit) (General Provisions) (No. 2) Order 2009.

Report

STATES OF JERSEY

Social Security Department

Health Insurance (Pharmaceutical Benefit) (General Provisions) (No. 2) (Jersey) Order  

Background

The Health Insurance (Jersey) Law 1967 provides financial subsidies to insured persons for medical services provided by General Practitioners. These financial subsidies include the cost and supply of approved prescribed medicine which is known as pharmaceutical benefit.

 

An insured person is entitled to receive a pharmaceutical benefit on a prescribed form as set out in Schedule 3, Health Insurance (Pharmaceutical Benefit) (General Provisions) (No.2) (Jersey) Order 2002.   

As some approved medicines are classified as controlled drugs there are stricter legal controls that govern how these medicines are supplied to an insured person and the Health Insurance legislation must comply with all such relevant legislation.   

On 1st May 2009, the Misuse of Drugs (General Provisions) (Jersey) Order 2009 (MD-HSS-2009-0020) comes into effect. This Order enacts the recommendations of the Misuse of Drugs Advisory Council for the improved safer management of controlled drugs. 

As a result of this revised legislation, collectors of controlled drug medicines must sign the back of a prescription form to evidence receipt of the medication supplied (Article 17(10) of The Misuse of Drugs (General Provisions) (Jersey) Order 2009. The current prescribed form for Health Insurance medicines does not comply with these requirements.  

To ensure compliance with the Misuse of Drugs legislation, a consequential revision to Schedule 3 Health Insurance (Pharmaceutical Benefit) (General Provisions) (No.2) (Jersey) Order 2002 is required. That is, the insertion of an area for a collector to confirm receipt of controlled drugs dispensed (detailed in appendix one of this report). Replacing the prescribed form will cost the Health Insurance Fund an estimated £5,000. 

R. Goulding

Policy Principal

23rd March 2009

 

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