Page:United States Statutes at Large Volume 111 Part 1.djvu/570

 Ill STAT. 546 PUBLIC LAW 105-33 —AUG. 5, 1997 Applicability. "(11) the provider has failed to comply substantially with conditions for a program or provider under this section or section 1894; 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.An entity whose PACE provider agreement is terminated under this paragraph shall implement the transition procedures required under subsection (a)(2)(C). "(6) SECRETARY'S OVERSIGHT; ENFORCEMENT AUTHORITY. — "(A) IN GENERAL. — Under regulations, if the Secretary determines (after consultation with the State administering agency) that a PACE provider is failing substantially to comply with the requirements of this section and regulations, the Secretary (and the State administering agency) may take any or all of the following actions: "(i) Condition the continuation of the PACE program agreement upon timely execution of a corrective action plan. "(ii) Withhold some or all further payments under the PACE program agreement under this section or section 1894 with respect to PACE progrsmi services furnished by such provider until the deficiencies have been corrected. "(iii) Terminate such agreement. "(B) APPLICATION OF INTERMEDIATE SANCTIONS.— Under regulations, the Secretary may provide for the application against a PACE provider of remedies described in section 1857(g)(2) (or, for periods before January 1, 1999, section 1876(i)(6)(B)) or 1903(m)(5)(B) in the case of violations by the provider of the type described in section 1857(g)(1) (or 1876(i)(6)(A) for such periods) or 1903(m)(5)(A), respectively (in relation to agreements, enrollees, and requirements under section 1894 or this section, respectively). "(7) PROCEDURES FOR TERMINATION OR IMPOSITION OF SANC- TIONS.— Under regulations, the provisions of section 1857(h) (or for periods before January 1, 1999, section 1876(i)(9)) shall apply to termination and sanctions respecting a PACE program agreement and PACE provider under this subsection in the same manner as they apply to a termination and sanctions with respect to a contract and a Medicare+Choice organization under part C of title XVIII (or for such periods an eligible organization under section 1876). "(8) TIMELY CONSIDERATION OF APPLICATIONS FOR PACE PRO- GRAM PROVIDER STATUS.—In considering an application for PACE provider program status, the application shall be deemed approved unless the Secretary, within 90 days after the date of the submission of the application to the Secretary, either denies such request in writing or informs the applicant in writing with respect to any additional information that is needed in order to make a final determination with respect to the application. After the date the Secretary receives such additional information, the application shall be deemed

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