Page:United States Statutes at Large Volume 111 Part 1.djvu/573

 PUBLIC LAW 105-33—AUG. 5, 1997 111 STAT. 549 (1) Section 1924(a)(5) (42 U.S.C. 1396r-5(a)(5)) is amended— (A) in the heading, by striking "FROM ORGANIZATIONS RECEIVING CERTAIN WAIVERS" and inserting "UNDER PACE PROGRAMS"; and (B) by striking "from any organization" and all that follows and inserting "under a PACE demonstration waiver program (as defined in section 1934(a)(7)) or under a PACE program under section 1934 or 1894.". (2) Section 1903(f)(4)(C) (42 U.S.C. 1396b(f)(4)(C)) is amended by inserting "or who is a PACE program eligible individual enrolled in a PACE program under section 1934," after "section 1902(a)(10)(A),". SEC. 4803. EFFECTIVE DATE; TRANSITIGN. 42 USC 1395eee (a) TIMELY ISSUANCE OF REGULATIONS; EFFECTIVE DATE. —The ^°^' Secretary of Health and Human Services shall promulgate regulations to carry out this subtitle in a timely manner. Such regulations shall be designed so that entities may establish and operate PACE programs under sections 1894 and 1934 of the Social Security Act (as added by sections 4801 and 4802 of this subtitle) for periods beginning not later than 1 year after the date of the enactment of this Act. (b) EXPANSION AND TRANSITION FOR PACE DEMONSTRATION PROJECT WAIVERS. — (1) EXPANSION IN CURRENT NUMBER AND EXTENSION OF DEMONSTRATION PROJECTS. —Section 9412(b) of the Omnibus Budget Reconciliation Act of 1986, as amended by section 4118(g) of the Omnibus Budget Reconciliation Act of 1987, 100 Stat. 2062. is amended— (A) in paragraph (1), by inserting before the period at the end the following: ", except that the Secretary shall grant waivers of such requirements to up to the applicable numerical limitation specified in sections 1894(e)(1)(B) and 1934(e)( 1)(B) of the Social Security Act"; and (B) in paragraph (2)— (i) in subparagraph (A), by striking ", including permitting the organization to assume progressively (over the initial 3-year period of the waiver) the full financial risk"; and (ii) in subparagraph (C), by adding at the end the following: "In granting further extensions, an organization shall not be required to provide for reporting of information which is only required because of the demonstration nature of the project.". (2) ELIMINATION OF REPLICATION REQUIREMENT.— Section 9412(b)(2)(B) of such Act, as so amended, shall not apply to waivers granted under such section after the date of the enactment of this Act. (3) TIMELY CONSIDERATION OF APPLICATIONS.— In considering an application for waivers under such section before the effective date of the repeals under subsection (d), subject to the numerical limitation under the amendment made by paragraph (1), the application shall be deemed approved unless the Secretary of Health and Human Services, within 90 days after the date of its submission to the Secretary, either denies such request in writing or informs the applicant in writing

�