Page:United States Statutes at Large Volume 111 Part 1.djvu/572

 Ill STAT. 548 PUBLIC LAW 105-33—AUG. 5, 1997 "(iii) not include any requirement restricting the proportion of enrollees who are eHgible for benefits under this title or title XVIIL "(4) CONSTRUCTION. —Nothing in this subsection shall be construed as preventing the Secretary from including in regulations provisions to ensure the health and safety of individuals enrolled in a PACE program under this section that are in addition to those otherwise provided under paragraphs (2) and (3). "(g) WAIVERS OF REQUIREMENTS.— With respect to carrying out a PACE program under this section, the following requirements of this title (and regulations relating to such requirements) shall not apply: "(1) Section 1902(a)(1), relating to any requirement that PACE programs or PACE program services be provided in all areas of a State. "(2) Section 1902(a)(10), insofar as such section relates to comparability of services among different population groups. "(3) Sections 1902(a)(23) and 1915(b)(4), relating to freedom of choice of providers under a PACE program. "(4) Section 1903(m)(2)(A), insofar as it restricts a PACE provider from receiving prepaid capitation payments. "(5) Such other provisions of this title that, as added or amended by the Balanced Budget Act of 1997, the Secretary determines are inapplicable to carrying out a PACE program under this section. " (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 program 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 graated under this subsection shall not exceed 10. Programs with waivers granted under this subsection shall not be counted against the numerical limitation specified in subsection (e)(l)(B). "(i) POST-ELIGIBILITY TREATMENT OF INCOME. —A State may provide for post-eligibility treatment of income for individuals enrolled in PACE programs under this section in the same manner as a State treats post-eligibility income for individuals receiving services under a waiver under section 1915(c). "(j) MISCELLANEOUS PROVISIONS.—Nothing in this section or section 1894 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, of title XVIII or eligible for medical assistance under this title.". (b) CONFORMING AMENDMENTS. —

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