California 2019 2019-2020 Regular Session

California Assembly Bill AB1128 Introduced / Bill

Filed 02/21/2019

                    CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1128Introduced by Assembly Member Petrie-NorrisFebruary 21, 2019 An act to add Sections 1221.18. 1575.5, and 1734.6 to the Health and Safety Code, and to amend Section 14592 of the Welfare and Institutions Code, relating to the elderly. LEGISLATIVE COUNSEL'S DIGESTAB 1128, as introduced, Petrie-Norris. Program of All-Inclusive Care for the Elderly. Existing federal law establishes the Program of All-Inclusive Care for the Elderly (PACE), which provides specified services for older individuals at a PACE center, defined, in part, as a facility that includes a primary care clinic, so that they may continue living in the community. Federal law authorizes states to implement the PACE program as a Medicaid state option.Existing state law establishes the California Program of All-Inclusive Care for the Elderly (PACE program), to provide community-based, risk-based, and capitated long-term care services as optional services under the states Medi-Cal State Plan, as specified. Existing law authorizes the State Department of Health Care Services to enter into contracts with various entities for the purpose of implementing the PACE program and fully implementing the single state agency responsibilities assumed by the department in those contracts, as specified.Existing law establishes the State Department of Public Health and sets forth its powers and duties, including, but not limited to, duties relating to the licensing and regulation of various entities, including primary care clinics, adult day health care centers, and home health agencies.This bill would require a PACE center to maintain a license both as a primary care clinic and an adult day health center, and to either maintain a license as a home health agency or contract with a licensed home health agency for the provision of home health services. The bill would require the State Department of Health Care Services, as the single state agency overseeing the PACE program, to license and regulate any primary care clinic, adult day health center, and home health agency that is related to a PACE center, thereby transferring these duties from the State Department of Public Health to the State Department of Health Care Services, and would authorize the State Department of Health Care Services to exempt certain PACE centers from these provisions.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1221.18 is added to the Health and Safety Code, to read:1221.18. Pursuant to subdivision (d) of Section 14592 of the Welfare and Institutions Code, by January 1, 2021, the State Department of Health Care Services, as the single state agency overseeing the Program of All-Inclusive Care for the Elderly (PACE), as described in Chapter 8.75 (commencing with Section 14591) of the Welfare and Institutions Code, shall license and regulate any primary care clinic license that is related to a PACE center, as defined in Section 460.6 of Title 42 of the Code of Federal Regulations.SEC. 2. Section 1575.5 is added to the Health and Safety Code, to read:1575.5. Pursuant to subdivision (d) of Section 14592 of the Welfare and Institutions Code, by January 1, 2021, the State Department of Health Care Services, as the single state agency overseeing the Program of All-Inclusive Care for the Elderly (PACE), as described in Chapter 8.75 (commencing with Section 14591) of the Welfare and Institutions Code, shall license and regulate any adult day health center license that is related to a PACE center, as defined in Section 460.6 of Title 42 of the Code of Federal Regulations.SEC. 3. Section 1734.6 is added to the Health and Safety Code, to read:1734.6. Pursuant to subdivision (d) of Section 14592 of the Welfare and Institutions Code, by January 1, 2021, the State Department of Health Care Services, as the single state agency overseeing the Program of All-Inclusive Care for the Elderly (PACE), as described in Chapter 8.75 (commencing with Section 14591) of the Welfare and Institutions Code, shall license and regulate any home health agency license that is related to a PACE center, as defined in Section 460.6 of Title 42 of the Code of Federal Regulations.SEC. 4. Section 14592 of the Welfare and Institutions Code is amended to read:14592. (a) For purposes of this chapter, PACE organization means an entity as defined in Section 460.6 of Title 42 of the Code of Federal Regulations.(b) The Director of Health Care Services The director shall establish the California Program of All-Inclusive Care for the Elderly, Elderly (PACE program) to provide community-based, risk-based, and capitated long-term care services as optional services under the states Medi-Cal State Plan and under contracts entered into between the federal Centers for Medicare and Medicaid Services, the department, and PACE organizations, meeting the requirements of the Balanced Budget Act of 1997 (Public Law 105-33) and any other applicable law or regulation.(c) A PACE center, as defined in Section 460.6 of Title 42 of the Code of Federal Regulations, shall maintain a license both as a primary care clinic, as defined in paragraph (1) of subdivision (b) of Section 1200 of the Health and Safety Code, and an adult day health center, as defined in subdivision (b) of Section 1570.7 of the Health and Safety Code. Additionally, a PACE center shall elect to either maintain a license as a home health agency, as defined in subdivision (a) of Section 1727 of the Health and Safety Code, or contract with a licensed home health agency for the provision of home health services.(d) (1) Notwithstanding any other law, including Division 2 (commencing with Section 1200) of the Health and Safety Code, the department, as the single state agency overseeing the PACE program, shall assume the duties of the State Department of Public Health relating to the licensing and regulation of any primary care clinic, as defined in paragraph (1) of subdivision (b) of Section 1200 of the Health and Safety Code, adult day health center, as defined in subdivision (b) of Section 1570.7 of the Health and Safety Code, and home health agency, as defined in subdivision (a) of Section 1727 of the Health and Safety Code, that is related to a PACE center, as defined in Section 460.6 of Title 42 of the Code of Federal Regulations.(2) The transfer of these duties shall occur by a date collectively determined by the department, the State Department of Public Health, and PACE organizations, but no later than January 1, 2021.(e) Consistent with Sections 1231.5, 1580.1, 1734.5 of the Health and Safety Code, and in accordance with Section 100315 of the Health and Safety Code, the department may exempt a PACE center from subdivisions (c) and (d).

 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1128Introduced by Assembly Member Petrie-NorrisFebruary 21, 2019 An act to add Sections 1221.18. 1575.5, and 1734.6 to the Health and Safety Code, and to amend Section 14592 of the Welfare and Institutions Code, relating to the elderly. LEGISLATIVE COUNSEL'S DIGESTAB 1128, as introduced, Petrie-Norris. Program of All-Inclusive Care for the Elderly. Existing federal law establishes the Program of All-Inclusive Care for the Elderly (PACE), which provides specified services for older individuals at a PACE center, defined, in part, as a facility that includes a primary care clinic, so that they may continue living in the community. Federal law authorizes states to implement the PACE program as a Medicaid state option.Existing state law establishes the California Program of All-Inclusive Care for the Elderly (PACE program), to provide community-based, risk-based, and capitated long-term care services as optional services under the states Medi-Cal State Plan, as specified. Existing law authorizes the State Department of Health Care Services to enter into contracts with various entities for the purpose of implementing the PACE program and fully implementing the single state agency responsibilities assumed by the department in those contracts, as specified.Existing law establishes the State Department of Public Health and sets forth its powers and duties, including, but not limited to, duties relating to the licensing and regulation of various entities, including primary care clinics, adult day health care centers, and home health agencies.This bill would require a PACE center to maintain a license both as a primary care clinic and an adult day health center, and to either maintain a license as a home health agency or contract with a licensed home health agency for the provision of home health services. The bill would require the State Department of Health Care Services, as the single state agency overseeing the PACE program, to license and regulate any primary care clinic, adult day health center, and home health agency that is related to a PACE center, thereby transferring these duties from the State Department of Public Health to the State Department of Health Care Services, and would authorize the State Department of Health Care Services to exempt certain PACE centers from these provisions.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 





 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION

Assembly Bill No. 1128

Introduced by Assembly Member Petrie-NorrisFebruary 21, 2019

Introduced by Assembly Member Petrie-Norris
February 21, 2019

 An act to add Sections 1221.18. 1575.5, and 1734.6 to the Health and Safety Code, and to amend Section 14592 of the Welfare and Institutions Code, relating to the elderly. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 1128, as introduced, Petrie-Norris. Program of All-Inclusive Care for the Elderly.

 Existing federal law establishes the Program of All-Inclusive Care for the Elderly (PACE), which provides specified services for older individuals at a PACE center, defined, in part, as a facility that includes a primary care clinic, so that they may continue living in the community. Federal law authorizes states to implement the PACE program as a Medicaid state option.Existing state law establishes the California Program of All-Inclusive Care for the Elderly (PACE program), to provide community-based, risk-based, and capitated long-term care services as optional services under the states Medi-Cal State Plan, as specified. Existing law authorizes the State Department of Health Care Services to enter into contracts with various entities for the purpose of implementing the PACE program and fully implementing the single state agency responsibilities assumed by the department in those contracts, as specified.Existing law establishes the State Department of Public Health and sets forth its powers and duties, including, but not limited to, duties relating to the licensing and regulation of various entities, including primary care clinics, adult day health care centers, and home health agencies.This bill would require a PACE center to maintain a license both as a primary care clinic and an adult day health center, and to either maintain a license as a home health agency or contract with a licensed home health agency for the provision of home health services. The bill would require the State Department of Health Care Services, as the single state agency overseeing the PACE program, to license and regulate any primary care clinic, adult day health center, and home health agency that is related to a PACE center, thereby transferring these duties from the State Department of Public Health to the State Department of Health Care Services, and would authorize the State Department of Health Care Services to exempt certain PACE centers from these provisions.

 Existing federal law establishes the Program of All-Inclusive Care for the Elderly (PACE), which provides specified services for older individuals at a PACE center, defined, in part, as a facility that includes a primary care clinic, so that they may continue living in the community. Federal law authorizes states to implement the PACE program as a Medicaid state option.

Existing state law establishes the California Program of All-Inclusive Care for the Elderly (PACE program), to provide community-based, risk-based, and capitated long-term care services as optional services under the states Medi-Cal State Plan, as specified. Existing law authorizes the State Department of Health Care Services to enter into contracts with various entities for the purpose of implementing the PACE program and fully implementing the single state agency responsibilities assumed by the department in those contracts, as specified.

Existing law establishes the State Department of Public Health and sets forth its powers and duties, including, but not limited to, duties relating to the licensing and regulation of various entities, including primary care clinics, adult day health care centers, and home health agencies.

This bill would require a PACE center to maintain a license both as a primary care clinic and an adult day health center, and to either maintain a license as a home health agency or contract with a licensed home health agency for the provision of home health services. The bill would require the State Department of Health Care Services, as the single state agency overseeing the PACE program, to license and regulate any primary care clinic, adult day health center, and home health agency that is related to a PACE center, thereby transferring these duties from the State Department of Public Health to the State Department of Health Care Services, and would authorize the State Department of Health Care Services to exempt certain PACE centers from these provisions.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 1221.18 is added to the Health and Safety Code, to read:1221.18. Pursuant to subdivision (d) of Section 14592 of the Welfare and Institutions Code, by January 1, 2021, the State Department of Health Care Services, as the single state agency overseeing the Program of All-Inclusive Care for the Elderly (PACE), as described in Chapter 8.75 (commencing with Section 14591) of the Welfare and Institutions Code, shall license and regulate any primary care clinic license that is related to a PACE center, as defined in Section 460.6 of Title 42 of the Code of Federal Regulations.SEC. 2. Section 1575.5 is added to the Health and Safety Code, to read:1575.5. Pursuant to subdivision (d) of Section 14592 of the Welfare and Institutions Code, by January 1, 2021, the State Department of Health Care Services, as the single state agency overseeing the Program of All-Inclusive Care for the Elderly (PACE), as described in Chapter 8.75 (commencing with Section 14591) of the Welfare and Institutions Code, shall license and regulate any adult day health center license that is related to a PACE center, as defined in Section 460.6 of Title 42 of the Code of Federal Regulations.SEC. 3. Section 1734.6 is added to the Health and Safety Code, to read:1734.6. Pursuant to subdivision (d) of Section 14592 of the Welfare and Institutions Code, by January 1, 2021, the State Department of Health Care Services, as the single state agency overseeing the Program of All-Inclusive Care for the Elderly (PACE), as described in Chapter 8.75 (commencing with Section 14591) of the Welfare and Institutions Code, shall license and regulate any home health agency license that is related to a PACE center, as defined in Section 460.6 of Title 42 of the Code of Federal Regulations.SEC. 4. Section 14592 of the Welfare and Institutions Code is amended to read:14592. (a) For purposes of this chapter, PACE organization means an entity as defined in Section 460.6 of Title 42 of the Code of Federal Regulations.(b) The Director of Health Care Services The director shall establish the California Program of All-Inclusive Care for the Elderly, Elderly (PACE program) to provide community-based, risk-based, and capitated long-term care services as optional services under the states Medi-Cal State Plan and under contracts entered into between the federal Centers for Medicare and Medicaid Services, the department, and PACE organizations, meeting the requirements of the Balanced Budget Act of 1997 (Public Law 105-33) and any other applicable law or regulation.(c) A PACE center, as defined in Section 460.6 of Title 42 of the Code of Federal Regulations, shall maintain a license both as a primary care clinic, as defined in paragraph (1) of subdivision (b) of Section 1200 of the Health and Safety Code, and an adult day health center, as defined in subdivision (b) of Section 1570.7 of the Health and Safety Code. Additionally, a PACE center shall elect to either maintain a license as a home health agency, as defined in subdivision (a) of Section 1727 of the Health and Safety Code, or contract with a licensed home health agency for the provision of home health services.(d) (1) Notwithstanding any other law, including Division 2 (commencing with Section 1200) of the Health and Safety Code, the department, as the single state agency overseeing the PACE program, shall assume the duties of the State Department of Public Health relating to the licensing and regulation of any primary care clinic, as defined in paragraph (1) of subdivision (b) of Section 1200 of the Health and Safety Code, adult day health center, as defined in subdivision (b) of Section 1570.7 of the Health and Safety Code, and home health agency, as defined in subdivision (a) of Section 1727 of the Health and Safety Code, that is related to a PACE center, as defined in Section 460.6 of Title 42 of the Code of Federal Regulations.(2) The transfer of these duties shall occur by a date collectively determined by the department, the State Department of Public Health, and PACE organizations, but no later than January 1, 2021.(e) Consistent with Sections 1231.5, 1580.1, 1734.5 of the Health and Safety Code, and in accordance with Section 100315 of the Health and Safety Code, the department may exempt a PACE center from subdivisions (c) and (d).

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 1221.18 is added to the Health and Safety Code, to read:1221.18. Pursuant to subdivision (d) of Section 14592 of the Welfare and Institutions Code, by January 1, 2021, the State Department of Health Care Services, as the single state agency overseeing the Program of All-Inclusive Care for the Elderly (PACE), as described in Chapter 8.75 (commencing with Section 14591) of the Welfare and Institutions Code, shall license and regulate any primary care clinic license that is related to a PACE center, as defined in Section 460.6 of Title 42 of the Code of Federal Regulations.

SECTION 1. Section 1221.18 is added to the Health and Safety Code, to read:

### SECTION 1.

1221.18. Pursuant to subdivision (d) of Section 14592 of the Welfare and Institutions Code, by January 1, 2021, the State Department of Health Care Services, as the single state agency overseeing the Program of All-Inclusive Care for the Elderly (PACE), as described in Chapter 8.75 (commencing with Section 14591) of the Welfare and Institutions Code, shall license and regulate any primary care clinic license that is related to a PACE center, as defined in Section 460.6 of Title 42 of the Code of Federal Regulations.

1221.18. Pursuant to subdivision (d) of Section 14592 of the Welfare and Institutions Code, by January 1, 2021, the State Department of Health Care Services, as the single state agency overseeing the Program of All-Inclusive Care for the Elderly (PACE), as described in Chapter 8.75 (commencing with Section 14591) of the Welfare and Institutions Code, shall license and regulate any primary care clinic license that is related to a PACE center, as defined in Section 460.6 of Title 42 of the Code of Federal Regulations.

1221.18. Pursuant to subdivision (d) of Section 14592 of the Welfare and Institutions Code, by January 1, 2021, the State Department of Health Care Services, as the single state agency overseeing the Program of All-Inclusive Care for the Elderly (PACE), as described in Chapter 8.75 (commencing with Section 14591) of the Welfare and Institutions Code, shall license and regulate any primary care clinic license that is related to a PACE center, as defined in Section 460.6 of Title 42 of the Code of Federal Regulations.



1221.18. Pursuant to subdivision (d) of Section 14592 of the Welfare and Institutions Code, by January 1, 2021, the State Department of Health Care Services, as the single state agency overseeing the Program of All-Inclusive Care for the Elderly (PACE), as described in Chapter 8.75 (commencing with Section 14591) of the Welfare and Institutions Code, shall license and regulate any primary care clinic license that is related to a PACE center, as defined in Section 460.6 of Title 42 of the Code of Federal Regulations.

SEC. 2. Section 1575.5 is added to the Health and Safety Code, to read:1575.5. Pursuant to subdivision (d) of Section 14592 of the Welfare and Institutions Code, by January 1, 2021, the State Department of Health Care Services, as the single state agency overseeing the Program of All-Inclusive Care for the Elderly (PACE), as described in Chapter 8.75 (commencing with Section 14591) of the Welfare and Institutions Code, shall license and regulate any adult day health center license that is related to a PACE center, as defined in Section 460.6 of Title 42 of the Code of Federal Regulations.

SEC. 2. Section 1575.5 is added to the Health and Safety Code, to read:

### SEC. 2.

1575.5. Pursuant to subdivision (d) of Section 14592 of the Welfare and Institutions Code, by January 1, 2021, the State Department of Health Care Services, as the single state agency overseeing the Program of All-Inclusive Care for the Elderly (PACE), as described in Chapter 8.75 (commencing with Section 14591) of the Welfare and Institutions Code, shall license and regulate any adult day health center license that is related to a PACE center, as defined in Section 460.6 of Title 42 of the Code of Federal Regulations.

1575.5. Pursuant to subdivision (d) of Section 14592 of the Welfare and Institutions Code, by January 1, 2021, the State Department of Health Care Services, as the single state agency overseeing the Program of All-Inclusive Care for the Elderly (PACE), as described in Chapter 8.75 (commencing with Section 14591) of the Welfare and Institutions Code, shall license and regulate any adult day health center license that is related to a PACE center, as defined in Section 460.6 of Title 42 of the Code of Federal Regulations.

1575.5. Pursuant to subdivision (d) of Section 14592 of the Welfare and Institutions Code, by January 1, 2021, the State Department of Health Care Services, as the single state agency overseeing the Program of All-Inclusive Care for the Elderly (PACE), as described in Chapter 8.75 (commencing with Section 14591) of the Welfare and Institutions Code, shall license and regulate any adult day health center license that is related to a PACE center, as defined in Section 460.6 of Title 42 of the Code of Federal Regulations.



1575.5. Pursuant to subdivision (d) of Section 14592 of the Welfare and Institutions Code, by January 1, 2021, the State Department of Health Care Services, as the single state agency overseeing the Program of All-Inclusive Care for the Elderly (PACE), as described in Chapter 8.75 (commencing with Section 14591) of the Welfare and Institutions Code, shall license and regulate any adult day health center license that is related to a PACE center, as defined in Section 460.6 of Title 42 of the Code of Federal Regulations.

SEC. 3. Section 1734.6 is added to the Health and Safety Code, to read:1734.6. Pursuant to subdivision (d) of Section 14592 of the Welfare and Institutions Code, by January 1, 2021, the State Department of Health Care Services, as the single state agency overseeing the Program of All-Inclusive Care for the Elderly (PACE), as described in Chapter 8.75 (commencing with Section 14591) of the Welfare and Institutions Code, shall license and regulate any home health agency license that is related to a PACE center, as defined in Section 460.6 of Title 42 of the Code of Federal Regulations.

SEC. 3. Section 1734.6 is added to the Health and Safety Code, to read:

### SEC. 3.

1734.6. Pursuant to subdivision (d) of Section 14592 of the Welfare and Institutions Code, by January 1, 2021, the State Department of Health Care Services, as the single state agency overseeing the Program of All-Inclusive Care for the Elderly (PACE), as described in Chapter 8.75 (commencing with Section 14591) of the Welfare and Institutions Code, shall license and regulate any home health agency license that is related to a PACE center, as defined in Section 460.6 of Title 42 of the Code of Federal Regulations.

1734.6. Pursuant to subdivision (d) of Section 14592 of the Welfare and Institutions Code, by January 1, 2021, the State Department of Health Care Services, as the single state agency overseeing the Program of All-Inclusive Care for the Elderly (PACE), as described in Chapter 8.75 (commencing with Section 14591) of the Welfare and Institutions Code, shall license and regulate any home health agency license that is related to a PACE center, as defined in Section 460.6 of Title 42 of the Code of Federal Regulations.

1734.6. Pursuant to subdivision (d) of Section 14592 of the Welfare and Institutions Code, by January 1, 2021, the State Department of Health Care Services, as the single state agency overseeing the Program of All-Inclusive Care for the Elderly (PACE), as described in Chapter 8.75 (commencing with Section 14591) of the Welfare and Institutions Code, shall license and regulate any home health agency license that is related to a PACE center, as defined in Section 460.6 of Title 42 of the Code of Federal Regulations.



1734.6. Pursuant to subdivision (d) of Section 14592 of the Welfare and Institutions Code, by January 1, 2021, the State Department of Health Care Services, as the single state agency overseeing the Program of All-Inclusive Care for the Elderly (PACE), as described in Chapter 8.75 (commencing with Section 14591) of the Welfare and Institutions Code, shall license and regulate any home health agency license that is related to a PACE center, as defined in Section 460.6 of Title 42 of the Code of Federal Regulations.

SEC. 4. Section 14592 of the Welfare and Institutions Code is amended to read:14592. (a) For purposes of this chapter, PACE organization means an entity as defined in Section 460.6 of Title 42 of the Code of Federal Regulations.(b) The Director of Health Care Services The director shall establish the California Program of All-Inclusive Care for the Elderly, Elderly (PACE program) to provide community-based, risk-based, and capitated long-term care services as optional services under the states Medi-Cal State Plan and under contracts entered into between the federal Centers for Medicare and Medicaid Services, the department, and PACE organizations, meeting the requirements of the Balanced Budget Act of 1997 (Public Law 105-33) and any other applicable law or regulation.(c) A PACE center, as defined in Section 460.6 of Title 42 of the Code of Federal Regulations, shall maintain a license both as a primary care clinic, as defined in paragraph (1) of subdivision (b) of Section 1200 of the Health and Safety Code, and an adult day health center, as defined in subdivision (b) of Section 1570.7 of the Health and Safety Code. Additionally, a PACE center shall elect to either maintain a license as a home health agency, as defined in subdivision (a) of Section 1727 of the Health and Safety Code, or contract with a licensed home health agency for the provision of home health services.(d) (1) Notwithstanding any other law, including Division 2 (commencing with Section 1200) of the Health and Safety Code, the department, as the single state agency overseeing the PACE program, shall assume the duties of the State Department of Public Health relating to the licensing and regulation of any primary care clinic, as defined in paragraph (1) of subdivision (b) of Section 1200 of the Health and Safety Code, adult day health center, as defined in subdivision (b) of Section 1570.7 of the Health and Safety Code, and home health agency, as defined in subdivision (a) of Section 1727 of the Health and Safety Code, that is related to a PACE center, as defined in Section 460.6 of Title 42 of the Code of Federal Regulations.(2) The transfer of these duties shall occur by a date collectively determined by the department, the State Department of Public Health, and PACE organizations, but no later than January 1, 2021.(e) Consistent with Sections 1231.5, 1580.1, 1734.5 of the Health and Safety Code, and in accordance with Section 100315 of the Health and Safety Code, the department may exempt a PACE center from subdivisions (c) and (d).

SEC. 4. Section 14592 of the Welfare and Institutions Code is amended to read:

### SEC. 4.

14592. (a) For purposes of this chapter, PACE organization means an entity as defined in Section 460.6 of Title 42 of the Code of Federal Regulations.(b) The Director of Health Care Services The director shall establish the California Program of All-Inclusive Care for the Elderly, Elderly (PACE program) to provide community-based, risk-based, and capitated long-term care services as optional services under the states Medi-Cal State Plan and under contracts entered into between the federal Centers for Medicare and Medicaid Services, the department, and PACE organizations, meeting the requirements of the Balanced Budget Act of 1997 (Public Law 105-33) and any other applicable law or regulation.(c) A PACE center, as defined in Section 460.6 of Title 42 of the Code of Federal Regulations, shall maintain a license both as a primary care clinic, as defined in paragraph (1) of subdivision (b) of Section 1200 of the Health and Safety Code, and an adult day health center, as defined in subdivision (b) of Section 1570.7 of the Health and Safety Code. Additionally, a PACE center shall elect to either maintain a license as a home health agency, as defined in subdivision (a) of Section 1727 of the Health and Safety Code, or contract with a licensed home health agency for the provision of home health services.(d) (1) Notwithstanding any other law, including Division 2 (commencing with Section 1200) of the Health and Safety Code, the department, as the single state agency overseeing the PACE program, shall assume the duties of the State Department of Public Health relating to the licensing and regulation of any primary care clinic, as defined in paragraph (1) of subdivision (b) of Section 1200 of the Health and Safety Code, adult day health center, as defined in subdivision (b) of Section 1570.7 of the Health and Safety Code, and home health agency, as defined in subdivision (a) of Section 1727 of the Health and Safety Code, that is related to a PACE center, as defined in Section 460.6 of Title 42 of the Code of Federal Regulations.(2) The transfer of these duties shall occur by a date collectively determined by the department, the State Department of Public Health, and PACE organizations, but no later than January 1, 2021.(e) Consistent with Sections 1231.5, 1580.1, 1734.5 of the Health and Safety Code, and in accordance with Section 100315 of the Health and Safety Code, the department may exempt a PACE center from subdivisions (c) and (d).

14592. (a) For purposes of this chapter, PACE organization means an entity as defined in Section 460.6 of Title 42 of the Code of Federal Regulations.(b) The Director of Health Care Services The director shall establish the California Program of All-Inclusive Care for the Elderly, Elderly (PACE program) to provide community-based, risk-based, and capitated long-term care services as optional services under the states Medi-Cal State Plan and under contracts entered into between the federal Centers for Medicare and Medicaid Services, the department, and PACE organizations, meeting the requirements of the Balanced Budget Act of 1997 (Public Law 105-33) and any other applicable law or regulation.(c) A PACE center, as defined in Section 460.6 of Title 42 of the Code of Federal Regulations, shall maintain a license both as a primary care clinic, as defined in paragraph (1) of subdivision (b) of Section 1200 of the Health and Safety Code, and an adult day health center, as defined in subdivision (b) of Section 1570.7 of the Health and Safety Code. Additionally, a PACE center shall elect to either maintain a license as a home health agency, as defined in subdivision (a) of Section 1727 of the Health and Safety Code, or contract with a licensed home health agency for the provision of home health services.(d) (1) Notwithstanding any other law, including Division 2 (commencing with Section 1200) of the Health and Safety Code, the department, as the single state agency overseeing the PACE program, shall assume the duties of the State Department of Public Health relating to the licensing and regulation of any primary care clinic, as defined in paragraph (1) of subdivision (b) of Section 1200 of the Health and Safety Code, adult day health center, as defined in subdivision (b) of Section 1570.7 of the Health and Safety Code, and home health agency, as defined in subdivision (a) of Section 1727 of the Health and Safety Code, that is related to a PACE center, as defined in Section 460.6 of Title 42 of the Code of Federal Regulations.(2) The transfer of these duties shall occur by a date collectively determined by the department, the State Department of Public Health, and PACE organizations, but no later than January 1, 2021.(e) Consistent with Sections 1231.5, 1580.1, 1734.5 of the Health and Safety Code, and in accordance with Section 100315 of the Health and Safety Code, the department may exempt a PACE center from subdivisions (c) and (d).

14592. (a) For purposes of this chapter, PACE organization means an entity as defined in Section 460.6 of Title 42 of the Code of Federal Regulations.(b) The Director of Health Care Services The director shall establish the California Program of All-Inclusive Care for the Elderly, Elderly (PACE program) to provide community-based, risk-based, and capitated long-term care services as optional services under the states Medi-Cal State Plan and under contracts entered into between the federal Centers for Medicare and Medicaid Services, the department, and PACE organizations, meeting the requirements of the Balanced Budget Act of 1997 (Public Law 105-33) and any other applicable law or regulation.(c) A PACE center, as defined in Section 460.6 of Title 42 of the Code of Federal Regulations, shall maintain a license both as a primary care clinic, as defined in paragraph (1) of subdivision (b) of Section 1200 of the Health and Safety Code, and an adult day health center, as defined in subdivision (b) of Section 1570.7 of the Health and Safety Code. Additionally, a PACE center shall elect to either maintain a license as a home health agency, as defined in subdivision (a) of Section 1727 of the Health and Safety Code, or contract with a licensed home health agency for the provision of home health services.(d) (1) Notwithstanding any other law, including Division 2 (commencing with Section 1200) of the Health and Safety Code, the department, as the single state agency overseeing the PACE program, shall assume the duties of the State Department of Public Health relating to the licensing and regulation of any primary care clinic, as defined in paragraph (1) of subdivision (b) of Section 1200 of the Health and Safety Code, adult day health center, as defined in subdivision (b) of Section 1570.7 of the Health and Safety Code, and home health agency, as defined in subdivision (a) of Section 1727 of the Health and Safety Code, that is related to a PACE center, as defined in Section 460.6 of Title 42 of the Code of Federal Regulations.(2) The transfer of these duties shall occur by a date collectively determined by the department, the State Department of Public Health, and PACE organizations, but no later than January 1, 2021.(e) Consistent with Sections 1231.5, 1580.1, 1734.5 of the Health and Safety Code, and in accordance with Section 100315 of the Health and Safety Code, the department may exempt a PACE center from subdivisions (c) and (d).



14592. (a) For purposes of this chapter, PACE organization means an entity as defined in Section 460.6 of Title 42 of the Code of Federal Regulations.

(b) The Director of Health Care Services The director shall establish the California Program of All-Inclusive Care for the Elderly, Elderly (PACE program) to provide community-based, risk-based, and capitated long-term care services as optional services under the states Medi-Cal State Plan and under contracts entered into between the federal Centers for Medicare and Medicaid Services, the department, and PACE organizations, meeting the requirements of the Balanced Budget Act of 1997 (Public Law 105-33) and any other applicable law or regulation.

(c) A PACE center, as defined in Section 460.6 of Title 42 of the Code of Federal Regulations, shall maintain a license both as a primary care clinic, as defined in paragraph (1) of subdivision (b) of Section 1200 of the Health and Safety Code, and an adult day health center, as defined in subdivision (b) of Section 1570.7 of the Health and Safety Code. Additionally, a PACE center shall elect to either maintain a license as a home health agency, as defined in subdivision (a) of Section 1727 of the Health and Safety Code, or contract with a licensed home health agency for the provision of home health services.

(d) (1) Notwithstanding any other law, including Division 2 (commencing with Section 1200) of the Health and Safety Code, the department, as the single state agency overseeing the PACE program, shall assume the duties of the State Department of Public Health relating to the licensing and regulation of any primary care clinic, as defined in paragraph (1) of subdivision (b) of Section 1200 of the Health and Safety Code, adult day health center, as defined in subdivision (b) of Section 1570.7 of the Health and Safety Code, and home health agency, as defined in subdivision (a) of Section 1727 of the Health and Safety Code, that is related to a PACE center, as defined in Section 460.6 of Title 42 of the Code of Federal Regulations.

(2) The transfer of these duties shall occur by a date collectively determined by the department, the State Department of Public Health, and PACE organizations, but no later than January 1, 2021.

(e) Consistent with Sections 1231.5, 1580.1, 1734.5 of the Health and Safety Code, and in accordance with Section 100315 of the Health and Safety Code, the department may exempt a PACE center from subdivisions (c) and (d).