Pharmacy Services Agreement 2010 Guide for Guild members

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confidential – for guild members onlyMeetings, reporting and information (Part I)This section of the Agreement details both parties’ responsibilities in dealing with requests for meetings and the provisionof information.I1: Relationship meetings Either party or their agent can request a meeting with the other to discuss the functioningof the PSA or the delivery of services. Written notice must be given. The DHB can decide tohold a requested meeting with a group of providers (including doctors or other prescribers)to discuss an issue if it considers it more appropriate or practical to handle the matter in agroup setting.I1.4: Pharmacy ServicesAdvisory GroupIf it is important to discuss an issue urgently, the DHB may convene a special meetingby giving written notice. Pharmacies must use reasonable endeavours to attend thesespecial meetings.PSAG is a national group that:• considers operational pharmacy matters that may impact on the ability of pharmacy orDHBs to meet their obligations• clarifies any matters relating to the PSA• considers issues relating to the PSA• manages the maintenance of the Procedures Manual.PSAG comprises pharmacy representatives and government representatives and meets atleast four times a year.I2: Reporting If the DHB receives a request for information from a Minister of the Crown, they may seekreasonable information from a pharmacy to answer the Minister. The pharmacy must providereasonable assistance to the DHB, at the pharmacy’s cost, to provide the information within amutually agreed period.I3: Specialist Database If your DHB provides you with a free database of Specialists, you must use it to enable youto comply with the PSA, the Procedures Manual and any relevant legislation.Audits (Part J)The Audit framework is essentially common to all DHB Service Agreements with providers. We have been advised thatAudit and Compliance attempts to complete a desk audit of every pharmacy at least once every five years. If the desk auditflags unusual activity, a full investigation may commence.This Part is supported by, and should be read in conjunction with, the Audit framework provided in Schedule J1J3: Specific provisions relatingto Solvency AuditsJ4: Pharmacy AdvisoryCommitteeIf the DHB is concerned about the ability of a pharmacy to continue to provide services theymay request a certificate of solvency for the business. This certificate would be prepared bythe pharmacy’s accountant or another suitably qualified professional.If a solvency certificate fails to allay their concerns, the DHB may appoint an independentfinancial analyst to determine the business’ financial position and costs of operation. The DHBwill pay for the analysis but the analyst must not disclose any of the pharmacy’s informationto the DHB beyond stating whether the pharmacy’s financial position threatens its ability tomeet its Service Agreement template obligations.Your DHB may refer matters arising from a belief that you have failed to perform yourobligations under the PSA to the Pharmacy Advisory Committee (PAC). PAC comprisesDHB-appointed and pharmacy agent-appointed representatives.PAGE 26
confidential – for – for guild guild members only onlyDispute resolution (Part K)The dispute resolution process for problems associated with the interpretation of the PSA follows a sequence of discussionof a problem, followed by mediation, followed by arbitration. This process is specified in the Health Sector Mediation andArbitration Rules 1993.K3: Facilitated Negotiation If a dispute occurs during consultation, either party may invoke facilitated negotiation if theproblem cannot be resolved by discussion.The other party must attend a facilitated negotiation session but the outcome is not bindingon either party. The costs will be shared equally.The pathway for resolving disputes is presented below.Figure 1: Process for resolving disputesDispute arisesType of disputeEligibility of a personInterpretation of anaspect of the agreementNegotiation orrenegotiation of agreementTry to resolveby agreementafter 30 dayscommences within30 days of notificationMediationRefer to Ministerfor resolutionArbitrationFacilitated negotiationResolutionPAGE 27
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Pharmacy Services Agreement 2010 Guide for Guild members

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