H.R. 10547
PACE Access Improvement Act
Sponsor: Debbie Dingell
1 cosponsor
Official summary
No official summary yet.
Text of the bill
(a) In general. Section 1934(a) of the Social Security Act (42 U.S.C. 1396u–4(a)) is amended—
(1) in paragraph (1)—
(A) by striking A State may elect to provide and inserting Before the compliance date described in paragraph (11) with respect to a State, the State may elect to provide, and on and after such compliance date with respect to the State, the State shall provide; and
(B) by striking A State may establish a numerical limit on the number of individuals who may be enrolled in a PACE program under a PACE program agreement.; and
(2) by adding at the end the following new paragraph:
(11) Compliance date described. For purposes of this section, subject to section 4(c) of the PACE Access Improvement Act, the compliance date with respect to a State is—
(A) in the case of a State that, as of the date of the enactment of this paragraph, has in effect a PACE program agreement with at least 1 PACE provider to operate a PACE program in the State, the date that is 180 days after such date of enactment; and
(B) in the case of a State that is not described in subparagraph (A), the date that is 3 years after such date of enactment.
(b) State plan requirement. Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended—
(1) in paragraph (89), by striking ; and and inserting a semicolon;
(2) in paragraph (90)(C), by striking the period at the end and inserting ; and; and
(3) by inserting after paragraph (90) the following new paragraph;
(91) provide, in accordance with section 1934, that the State, beginning on the compliance date described in section 1934(a)(11) with respect to such State, shall provide medical assistance with respect to PACE program services to PACE program eligible individuals who are eligible for medical assistance under the State plan or under a waiver of such plan and who are enrolled in a PACE program under a PACE program agreement.
(c) Effective date
(1) In general. Except as provided in paragraph (2) and unless otherwise specified, the amendments made by this section shall take effect on the date of the enactment of this Act and shall apply beginning with respect to medical assistance provided on the date that is 180 days after such date of enactment.
(2) Delay permitted if state legislation required. In the case of a State plan approved under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of the failure of the plan to meet such additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that ends after the date of the enactment of this section. For purposes of the preceding sentence, in the case of a State that has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.