249H.8  PACE AND PRE-PACE PROGRAMS.
 For the purposes of this chapter, all of the following apply to a
 PACE program:
 1.  A person operating a PACE program shall have a PACE program
 agreement with the centers for Medicare and Medicaid services of the
 United States department of health and human services, shall enter
 into a contract with the department of human services, and shall
 comply with 42 U.S.C. § 1396(u)(4) and all regulations promulgated
 pursuant to that section.
 2.  Services provided under a PACE or pre-PACE program shall be
 provided on a capitated basis.
 3.  A pre-PACE program may contract with the department of human
 services to provide services to individuals eligible for medical
 assistance, on a capitated basis, for a limited scope of the PACE
 service package through a prepaid health plan agreement, with the
 remaining services reimbursed directly to the service providers by
 the medical assistance or federal Medicare programs.
 4.  PACE and pre-PACE programs are not subject to regulation under
 chapter 514B.
 5.  A PACE or pre-PACE program shall, at the time of entering into
 the initial contract and of renewal of a contract with the department
 of human services, demonstrate cash reserves in an amount established
 by rule of the department to cover expenses in the event of
 insolvency.
         Section History: Recent Form

 2000 Acts, ch 1004, §8, 22; 2000 Acts, ch 1232, §62; 2002 Acts, ch
 1050, §27