Terms and Conditions

These Terms and Conditions form part of the transaction arrangements between the Pharmacy and the Aged Care Resident (Client) for the provision of services by the pharmacy. Please take some time to review this agreement. Use of our services constitutes your acceptance of these terms and conditions.

1. Definitions

In the following Terms and Conditions:

• “Pharmacy” refers to Elements Healthcare Pty Ltd and our related entities or bodies of the pharmacy.
• “Client” or “Resident” refer to the person who will be receiving services from the Pharmacy.
• “Agent” refers to the person or people who may authorise the Pharmacy to provide the Pharmacy Services and such other pharmacy services as you may require to assist with your health and wellbeing. Such persons may be family or friends and shall include the operators of the Care Facility placing orders on your behalf.
• “Pharmacy Services” refers to any service that the Pharmacy provides to the Client, as outlined in the attached Schedule, and any additional services that are agreed upon in writing between the Pharmacy and the Client.
• “RACF” or “Residential Aged Care Facility” refers to the Aged Care Home/Facility that the Client resides in.
• “TGA” means the Therapeutic Goods Administration or successor body.

2. Acting in Reliance

The Client confirms that all information provided in this document and any other required forms is accurate and truthful. Additional documents may be required to collect further information such as Medicare numbers, concession numbers, private health insurance details, as well as current postal and email addresses and other relevant information as necessary. The Pharmacy will rely on this information when providing the Services to the Client.

3. Services and Prices

The Pharmacy will provide all over-the-counter items and other pharmaceutical prescription supplies at regular industry prices. Prices may be subject to change due to any significant alteration in the Pharmaceutical Benefits Scheme, Fuel Price Index, or inflationary indices. Such variations may be necessary to ensure that the Pharmacy can continue to provide a high-quality service to our clients.

4. Payment Terms

Payment for services provided by the Pharmacy to the Client can be made via credit card or direct debit. Payment is due within 21 days of the end of the month in which the services were provided. By providing their credit card or direct debit details, the Client authorises the Pharmacy to charge the card for any outstanding balances. If the card issuer or its agent declines to pay the charges, the Client must pay the balance upon demand. Payment terms are subject to change. Please note that credit card transactions will incur a transaction fee.

5. Late Payments

In the event that the Client fails to make payment to the Pharmacy in accordance with these terms and conditions, the Pharmacy may take the following actions at its sole discretion:

The Pharmacy may request that the Client reimburse any outstanding payments within 7 days of receiving a written warning notice or communication via telephone to prevent any restriction or suspension of services to the account. Failure to comply may result in a delay or cessation of medication supply. The Pharmacy may charge an administration fee on late payments.

6. Termination

The agreement between the Pharmacy and the Client can be terminated by either party with 28 days’ written notice, provided there are no outstanding breaches of the terms and conditions. However, the Pharmacy reserves the right to terminate the agreement immediately if the Client fails to comply with these terms and conditions. This includes, but is not limited to, failure to pay outstanding balances within 28 days of the due date or if the Client declares bankruptcy.

7. Privacy

Elements Healthcare Pty Ltd (“the Pharmacy”) places a high value on protecting the privacy of our clients and third-party individuals who provide their personal information to us. To ensure compliance with the Australian Privacy Principles, we update our Privacy Policy from time to time.

If the Client is provided Services on credit, the Client authorises Elements Healthcare Pty Ltd, its employees, and agents to make any necessary credit checks on the Client’s creditworthiness periodically. The Client also authorises any information sources to disclose any relevant information concerning the Client as requested by Elements Healthcare or the Pharmacy.

The Pharmacy’s privacy policy is available at www.elementshealthcare.com.au/privacy-policy.

8. General

These terms and conditions represent the complete and exclusive agreement between the Pharmacy and the Client concerning the Services, and supersede all prior or contemporaneous negotiations, agreements, understandings, warranties, or representations between the parties, whether oral or written. It is the Client’s responsibility to provide accurate and up-to-date details of their concession entitlements and Medicare number as required to perform these terms and conditions. The singular shall include the plural and vice versa, and words indicating a particular gender shall include every other gender. If the Client comprises more than one party, they shall be jointly and severally bound by these terms and conditions.

9. GST

To the extent that the supply of services under this agreement is subject to Goods and Services Tax (GST), the fee shall be increased by an amount equal to the GST payable on that supply. The Pharmacy will provide a tax invoice for services at the end of the month in which they are provided. The terms GST, supply, taxable supply, and tax invoice have the same meaning as defined in the A New Tax System Goods and Services Tax Act 1999.

I agree to the following,

1. As the Client or Agent, I acknowledge that the pharmacy’s services provided are based on assessments from health professionals who make decisions in the best interest of the resident and that the pharmacy does not initiate such treatment.
2. We understand that the pharmacy cannot stop any medication or non-prescription item (incl. vitamins) on the medication chart without approval from the prescriber or facility staff, and that any change must be communicated directly from them. Pharmacy staff cannot act on requests from unauthorised sources, this includes family members.
3. We accept that any order placed by a Doctor, Nurse Practitioner or Residential Aged Care Facility Staff on behalf of a “Client” will be considered as “approved by the Client” by the Pharmacy.
4. We, the Client or Agent, acknowledge that non-packed medication supplied by the pharmacy requires a prior order from facility staff and will not be automatically supplied by pharmacy staff without such an order.
5. As the Client or Agent, we provide consent to use of Australian regulated Generic or Biological medications, which maintain medication costs at the lowest feasible price without compromising quality. We understand that these medicines contain the same active ingredient or provide the same biological therapeutic response as the original formulation. Biological medications, also known as biologics, are a type of pharmaceutical product derived from living cells or organisms. Biologicals are generally proteins and are designed to target specific cells in the body to treat various medical conditions, including autoimmune diseases, cancer, and genetic disorders. Biologics are often administered via injection or infusion and are generally more complex than traditional small molecule drugs.
6. We authorise Pharmacy Personnel to serve as our “agent” in signing prescriptions ordered or other documents required by the Residential Aged Care Facility (RACF), under the guidance of the attending Doctor or Nurse Practitioner. Examples of these include – Prescriptions and Safety Net applications,
7. We permit pharmacy personnel to occasionally contact Medicare Australia to verify Medicare and Concession number details, as well as expiration dates.
8. We acknowledge and give consent should the pharmacy be requested by the facility to provide a service called “Residential Medication Management Review” that will be at no cost to the resident with a valid Medicare card and whilst funded by the commonwealth government. The intent of the RMMR Program is to support the quality use of medicines and assist minimising adverse medicine events for people living in approved Australian Government-funded Aged Care Facilities.
9. We have read and agree to Elements Healthcare’s Privacy Policy, see Part C, which may be updated from time to time and is found on the website elementshealthcare.com.au, under the “My Aged Care Account” section.
10. We commit to promptly update the pharmacy with any changes to our information, including entitlements, Medicare card details, safety net details, contact information including email addresses, and provided bank account or credit card details for direct debit arrangements.
11. We acknowledge that both the Client and Agent share responsibilities for all payments due to the Pharmacy, as outlined in Pharmacy Account Application’s Terms and Conditions, fees, charges and costs.
12. We agree to make available to the pharmacy for pharmacy services payments by direct debit, processed on the 20^th day (or nearest business day thereafter) of each month. Processing may occur sooner than the 20^th day of the month when the resident is discharged or deceased.
13. We agree to pay all money owed or payable under this agreement by the due date, along with any applicable late payment fee(s).
14. We understand that failure to pay our monthly account within the designated timeframe may result in a monthly late payment fee.
15. We agree to guarantee and protect the Pharmacy against losses resulting from the Client’s failure to comply with the Terms and Conditions. We reaffirm our authorisation and consent for the Pharmacy’s investigation into the Client’s creditworthiness, as well as inquiries made to referees, banks, and other credit providers on behalf of the Client, in order to evaluate us as guarantors.
16. In emergency situations, if a prescription is not received by the pharmacy within a mandated timeframe by the PBS, we acknowledge that the pharmacy may have to treat the item as a “private script” in order to fulfill its legal and financial obligations.
17. We acknowledge that medication and vitamins from another pharmacy or a hospital, cannot be repacked by us into a dose administration aid for facility use.
18. If any entitlements have been incorrectly provided or have expired, we acknowledge that payment of the difference may be required to rectify this problem.
19. We acknowledge that if the resident is discharged from the facility, we can continue to receive medication from the pharmacy to another facility or at home with the same standard of care provided to aged care facilities, additional fees may apply.

Elements Healthcare Pty Ltd (Elements) is committed to safeguarding the privacy of our clients and other individuals who share their personal information with us. Elements Healthcare Privacy Policy complies with the Australian Privacy Principles, and outlines our practices for collecting, using, and disclosing personal information.

To view the privacy policy please click here – Privacy Policy

The Privacy Policy outlines how Elements Healthcare manages personal information and may be updated from time to time. It does not create any legally enforceable rights or obligations beyond the rights and obligations created by the Privacy Act.

If applicable, please forward copies of the following document(s) to the pharmacy. These documents give the authorised person the right to obtain information relevant to their relative. Without such an authority we may not be able to provide information relating to medication or any other medical record held on file relating to the resident in care.

Ordinary Power of Attorney

An ordinary power of attorney is a document that enables you to appoint another person to act on your behalf, with the extent of their authority determined by you. This type of power of attorney can be helpful for individuals who find it physically challenging to manage their property or financial affairs (e.g. due to an overseas trip, hospitalization, quarantining or physical impairment).

Enduring Power of Attorney (EPA)

An Enduring Power of Attorney differs from an ordinary power of attorney because it empowers someone you appoint to act on your behalf even after you “lose the capacity” to manage your affairs. You can choose for an EPA to begin either on a specific date (e.g. the document signing date) or when you become incapable of managing your own affairs. In the latter case, the State Administrative Tribunal must declare that you lack the legal capacity to make decisions.

Enduring Power of Guardianship (EPG)

An Enduring Power of Guardianship is a legal document that allows you to authorize a chosen person to make critical personal, lifestyle, and treatment decisions on your behalf if you ever become incapable of making such decisions yourself. This individual is known as an enduring guardian. An enduring guardian may make decisions regarding aspects such as your living arrangements, the support services you access, and the treatment you undergo. However, they cannot be authorised to make property or financial decisions for you.

Please Note:

1. A postage and handling fee of $2.90 will only be charged when a valid email address is not provided for the delivery of each month’s medication account.
2. A late payment fee of $15 may be applied if payment for the previous month’s account has not been received within the designated payment period.
3. The price of Concession NHS and Department of Veterans Affairs prescriptions are regulated by the Commonwealth Government of Australia and may change periodically. Moreover, once the yearly prescription threshold number is reached (this number may be adjusted annually by the government), the price of each prescription will be reduced by the co-payment, potentially resulting in no charge for NHS base-priced medications. Government-imposed surcharges may still apply.
4. The price of General NHS prescriptions is controlled by the Commonwealth Government of Australia and may change periodically. In addition, once the threshold prescription value is reached for the year (this threshold amount may be adjusted yearly by the commonwealth government) the price of each prescription will reduce to the concession co-payment price for NHS base-priced medications. Surcharges may still apply.
5. All prices are subject to adjustment in line with the Consumer Price Index (CPI) or service charge increases (eg Australia Post).

Elements Healthcare Pty Ltd is requesting/collecting personal information about you to be able to contact you. You may be contacted by “The Pharmacy” – Elements Healthcare Pty Ltd by either phone, email, or post to confirm the details required for providing services at the Residential Aged Care Facility where you are residing. 

The additional information on this form, including your Medicare, Centrelink, and/or Department of Veterans Affairs number, will be used to assess your entitlement to benefits under the Pharmaceuticals Benefits Scheme (PBS) or the Repatriation Pharmaceuticals Benefits Scheme (RPBS) and to determine payments due to approved suppliers. This information will also be used to record details of an under-co-payment prescription (where there is no entitlement to a payment of benefit under PBS or RPBS). With your consent, the PBS-approved supplier or PBS Prescriber may store your details for use on future prescriptions. The collection of this information is authorised by the National Health Act 1953. This information may be disclosed to PBS Prescribers, the Department of Health and Ageing, Department of Human Services, or as authorised or required by law. This information will be handled in accordance the with the provisions in the Privacy Act 1988 (Cth) the Privacy Act).