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H.567

 

An act relating to exemption from CON and HMO requirements for PACE

     The Senate proposes to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  FINDINGS

Findings.

(1)  A “Program of All-Inclusive Care for the Elderly” (“PACE”) is an entity created in federal law.

(2)  PACE programs are subject to significant federal regulation, including requirements concerning required services and fiscal soundness. 

(3)  Federal regulations require that a PACE program have an agreement with the Center for Medicaid and Medicare Services (CMS) and with a state administering agency. 

(4)  Ongoing regulatory oversight of a PACE program is provided by both CMS and the state administering agency.

(5)  PACE programs offer an opportunity for significant savings of state Medicaid expenditures for PACE program participants. 

Sec. 2.  8 V.S.A. § 5102(f) is added to read:

(f)  Upon request by a Program for All-Inclusive Care for the Elderly (PACE) authorized under federal Medicare law, the commissioner may approve the exemption of the PACE program from the provisions of this chapter and from any other provisions of this title if the commissioner determines that the purposes of this chapter and the purposes of any other provision of this title will not be materially and adversely affected by the exemption.  In approving an exemption, the commissioner may prescribe such terms and conditions as the commissioner deems necessary to carry out the purposes of this chapter and this title.

Sec. 3.  18 V.S.A. § 9435(e) is added to read:   

(e)  Upon request under subsection 5102(f) of Title 8 by a Program for All‑Inclusive Care for the Elderly (PACE) authorized under federal Medicare law, the commissioner may approve the exemption of the PACE program from the provisions of this subchapter and from any other provisions of this chapter if the commissioner determines that the purposes of this subchapter and the purposes of any other provision of this chapter will not be materially and adversely affected by the exemption.  In approving an exemption, the commissioner may prescribe such terms and conditions as the commissioner deems necessary to carry out the purposes of this subchapter and this chapter.

Sec. 4.  EFFECTIVE DATE

This act shall take effect upon passage.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us