Page:United States Statutes at Large Volume 111 Part 1.djvu/554

 Ill STAT. 530 PUBLIC LAW 105-33 —AUG. 5, 1997 Contracts. "(D) meets such other eligibility conditions as may be imposed under the PACE program agreement for the program under subsection (e)(2)(A)(ii). "(6) PACE PROTOCOL. — For purposes of this section, the term 'PACE protocol' means the Protocol for the Program of All-inclusive Care for the Elderly (PACE), as published by On Lok, Inc., as of April 14, 1995, or any successor protocol that may be agreed upon between the Secretary and On Lok, Inc. "(7) PACE DEMONSTRATION WAIVER PROGRAM DEFINED.— For purposes of this section, the term 'PACE demonstration waiver program' means a demonstration program under either of the following sections (as in effect before the date of their repeal): "(A) Section 603(c) of the Social Security Amendments of 1983 (Public Law 98-21), as extended by section 9220 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law 99-272). "(B) Section 9412(b) of the Omnibus Budget Reconciliation Act of 1986 (Public Law 99-509). "(8) STATE ADMINISTERING AGENCY DEFINED.— For purposes of this section, the term 'State administering agency' means, with respect to the operation of a PACE program in a State, the agency of that State (which may be the single agency responsible for administration of the State plan under title XDC in the State) responsible for administering PACE program agreements under this section and section 1934 in the State. " (9) TRIAL PERIOD DEFINED.— "(A) IN GENERAL. — For purposes of this section, the term 'trial period' means, with respect to a PACE program operated by a PACE provider under a PACE program agreement, the first 3 contract years under such agreement with respect to such program. " (B) TREATMENT OF ENTITIES PREVIOUSLY OPERATING PACE DEMONSTRATION WAIVER PROGRAMS. —Each contract year (including a year occurring before the effective date of this section) during which an entity has operated a PACE demonstration waiver program shall be counted under subparagraph (A) as a contract year during which the entity operated a PACE program as a PACE provider under a PACE program agreement. "(10) REGULATIONS. — For purposes of this section, the term 'regulations' refers to interim final or final regulations promulgated under subsection (f) to carry out this section and section 1934. " (b) SCOPE OF BENEFITS; BENEFICIARY SAFEGUARDS.— "(1) IN GENERAL. —Under a PACE program agreement, a PACE provider shall— "(A) provide to PACE program eligible individuals enrolled with the provider, regardless of source of payment and directly or under contracts with other entities, at a minimum— "(i) all items and services covered under this title (for individuals enrolled under this section) and all items and services covered under title XIX, but without any limitation or condition as to amount, duration.

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