Page:United States Statutes at Large Volume 111 Part 1.djvu/559

 PUBLIC LAW 105-33 —AUG. 5, 1997 111 STAT. 535 the provider in order to assure compliance with the requirements of this section and regulations. Such a review shall include— "(i) an on-site visit to the program site; "(ii) comprehensive assessment of a provider's fiscal soundness; "(iii) comprehensive assessment of the provider's capacity to provide all PACE services to all enrolled participants; "(iv) detailed analysis of the entity's substantial compliance with all significant requirements of this section and regulations; and "(v) any other elements the Secretary or State administering agency considers necessary or appropriate. "(B) CoNTI^fUING OVERSIGHT.— After the trial period, the Secretary (in cooperation with the State administering agency) shall continue to conduct such review of the operation of PACE providers and PACE programs as may be appropriate, taking into account the performance level of a provider and compliance of a provider with all significant requirements of this section and regulations. "(C) DISCLOSURE. — The results of reviews under this Public paragraph shall be reported promptly to the PACE pro- information, vider, along with any recommendations for changes to the provider's program, and shall be made available to the public upon request. " (5) TERMINATION OF PACE PROVIDER AGREEMENTS.— "(A) IN GENERAL.—Under regulations— "(i) the Secretary or a State administering agency may terminate a PACE program agreement for cause; and "(ii) a PACE provider may terminate an agreement after appropriate notice to the Secretary, the State agency, and enrollees. "(B) CAUSES FOR TERMINATION.— In accordance with regulations establishing procedures for termination of PACE program agreements, the Secretary or a State administering agency may terminate a PACE program agreement with a PACE provider for, among other reasons, the fact that— "(i) the Secretary or State administering agency determines that— "(I) there are significant deficiencies in the quality of care provided to enrolled participants; or "(II) the provider has failed to comply substantially with conditions for a program or provider under this section or section 1934; and "(ii) the entity has failed to develop and successfully initiate, within 30 days of the date of the receipt of written notice of such a determination, a plan to correct the deficiencies, or has failed to continue implementation of such a plan. " (C) TERMINATION AND TRANSITION PROCEDURES.^AH entity whose PACE provider agreement is terminated

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