Page:United States Statutes at Large Volume 111 Part 1.djvu/574

 Ill STAT. 550 PUBLIC LAW 105-33 —AUG. 5, 1997 with respect to any additional information which 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 approved unless the Secretary, within 90 days of such date, denies such request. (c) PRIORITY AND SPECIAL CONSIDERATION IN APPLICATION.— During the 3-year period beginning on the date of the enactment of this Act: (1) PROVIDER STATUS.—The Secretary of Health and Human Services shall give priority in processing applications of entities to qualify as PACE programs under section 1894 or 1934 of the Sociad Security Act— (A) first, to entities that are operating a PACE demonstration waiver program (as defined in sections 1894(a)(7) and 1934(a)(7) of such Act); and (B) then to entities that have applied to operate such a program as of May 1, 1997. (2) NEW WAIVERS. —The Secretary shall give priority, in the awarding of additional waivers under section 9412(b) of the Omnibus Budget Reconciliation Act of 1986— (A) to any entities that have applied for such waivers under such section as of May 1, 1997; and (B) to any entity that, as of May 1, 1997, has formally contracted with a State to provide services for which pay- ment is made on a capitated basis with an understanding that the entity was seeking to become a PACE provider. (3) SPECIAL CONSIDERATION.—The Secretary shall give special consideration, in the processing of applications described in paragraph (1) and the awarding of waivers described in paragraph (2), to an entity which as of May 1, 1997, through formal activities (such as entering into contracts for feasibility studies) has indicated a specific intent to become a PACE provider. (d) REPEAL OF CURRENT PACE DEMONSTRATION PROJECT WAIVER AUTHORITY.— (1) IN GENERAL.— Subject to paragraph (2), the following provisions of law are repealed: (A) Section 603(c) of the Social Security Amendments 97 Stat. 166. of 1983 (Public Law 98-21). (B) Section 9220 of the Consolidated Omnibus Budget 100 Stat. 183. Reconciliation Act of 1985 (Public Law 99-272). (C) Section 9412(b) of the Omnibus Budget Reconcili- 100 Stat. 2062. ation Act of 1986 (Public Law 99-509). (2) DELAY IN APPLICATION TO CURRENT WAIVERS.— (A) IN GENERAL.— Subject to subparagraph (B), in the case of waivers granted with respect to a PACE program before the initial effective date of regulations described in subsection (a), the repeals made by paragraph (1) shall not apply until the end of a transition period (of up to 24 months) that begins on the initial effective date of such regulations, and that EQIOWS sufficient time for an orderly transition from demonstration project authority to general authority provided under the amendments made by this subtitle.

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