Page:United States Statutes at Large Volume 111 Part 1.djvu/562

 Ill STAT. 538 PUBLIC LAW 105-33—AUG. 5, 1997 "(g) WAIVERS OF REQUIREMENTS. —With respect to canning out a PACE program under this section, the following requirements of this title (and regulations relating to such requirements) are waived and shall not apply: "(1) Section 1812, insofar as it limits coverage of institutional services. "(2) Sections 1813, 1814, 1833, and 1886, insofar as such sections relate to rules for payment for benefits. "(3) Sections 1814(a)(2)(B), 1814(a)(2)(C), and 1835(a)(2)(A), insofar as they limit coverage of extended care services or home health services. "(4) Section 186 l(i), insofar as it imposes a 3-day prior hospitalization requirement for coverage of extended care services. "(5) Paragraphs (1) and (9) of section 1862(a), insofar as they may prevent payment for PACE program services to individuals enrolled under PACE programs. " (h) DEMONSTRATION PROJECT FOR FOR-PROFIT ENTITIES.— "(1) IN GENERAL.—In order to demonstrate the operation of a PACE program by a private, for-profit entity, the Secretary (in close consultation with State administering agencies) shall grant waivers from the requirement under subsection (a)(3) that a PACE provider may not be a for-profit, private entity. "(2) SIMILAR TERMS AND CONDITIONS.— "(A) IN GENERAL.— Except as provided under subparagraph (B), and paragraph (1), the terms and conditions for operation of a PACE progrgim by a provider under this subsection shall be the same as those for PACE providers that are nonprofit, private organizations. "(B) NUMERICAL LIMITATION. —The number of programs for which waivers are granted under this subsection shall not exceed 10. Programs with waivers grsinted under this subsection shall not be counted against the numerical limitation specified in subsection (e)(1)(B). "(i) MISCELLANEOUS PROVISIONS.— Nothing in this section or section 1934 shall be construed as preventing a PACE provider from entering into contracts with other governmental or nongovernmental payers for the care of PACE program eligible individuals who are not eligible for benefits under part A, or enrolled under part B, or eligible for medicsil assistance under title XIX.". SEC. 4802. ESTABLISHMENT OF PACE PROGRAM AS MEDICATO STATE OPTION. (a) IN GENERAL. — Title XIX is amended— (1) in section 1905(a) (42 U.S.C. 1396d(a)), as amended by section 4702(a)(1)— (A) by striking "and" at the end of paragraph (25); (B) by redesignating paragraph (26) as paragraph (27); and (C) by inserting after paragraph (25) the following new paragraph: "(26) services furnished under a PACE program under section 1934 to PACE program eligible individuals enrolled under the program under such section; and"; (2) by redesignating section 1934, as redesignated by sec- 42 USC I396v. tion 4732, as section 1935; and

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