Page:United States Statutes at Large Volume 111 Part 1.djvu/568

 Ill STAT. 544 PUBLIC LAW 105-33 —AUG. 5, 1997 "(11) was operating under such a waiver and subsequently qualifies for PACE provider status pursuant to subsection (a)(3)(B)(ii). " (2) SERVICE AREA AND ELIGIBILITY.— " (A) IN GENERAL.—^A PACE program agreement for a PACE program— "(i) shall designate the service area of the program; "(ii) may provide additional requirements for individuals to qualify as PACE program eligible individuals with respect to the program; "(iii) shall be effective for a contract year, but may be extended for additional contract years in the absence of a notice by a party to terminate, and is subject to termination by the Secretary and the State administering agency at any time for cause (as provided under the agreement); "(iv) shall require a PACE provider to meet all applicable State and local laws and requirements; and "(v) shall contain such additional terms and conditions as the parties may agree to, so long as such terms and conditions are consistent with this section and regulations. "(B) SERVICE AREA OVERLAP.—In designating a service area under a PACE program agreement under subparagraph (A)(i), the Secretary (in consultation with the State administering agency) may exclude from designation an area that is already covered under another PACE program agreement, in order to avoid unnecessary duplication of services and avoid impairing the financial and service viability of an existing program. Records. "(3) DATA COLLECTION; DEVELOPMENT OF OUTCOME MEAS- URES.— " (A) DATA COLLECTION.— "(i) IN GENERAL.—Under a PACE program agreement, the PACE provider shall— "(I) collect data; "(II) maintain, and afford the Secretary and the State administering agency access to, the records relating to the program, including pertinent financial, medical, and personnel records; and Reports. "(Ill) Submit to the Secretary and the State administering agency such reports as the Secretary finds (in consultation with State administering agencies) necessary to monitor the operation, cost, and effectiveness of the PACE program. " (ii) REQUIREMENTS DURING TRIAL PERIOD,— During the first 3 years of operation of a PACE program (either under this section or under a PACE demonstration waiver program), the PACE provider shall provide such additional data as the Secretary specifies in regulations in order to perform the oversight required under paragraph (4)(A). " (B) DEVELOPMENT OF OUTCOME MEASURES.— Under a PACE program agreement, the PACE provider, the Secretary, and the State administering agency shall jointly cooperate in the development and implementation of health

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