Amended IN Assembly March 26, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1128Introduced by Assembly Member Petrie-Norris(Coauthors: Assembly Members Kalra and Voepel)February 21, 2019 An act to add Sections 1221.18. 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 amended, 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. The Legislature finds and declares all of the following:(a) The Program of All-Inclusive Care for the Elderly (PACE) is a national model of comprehensive care for Californias frail population 55 years of age and older who qualify for nursing home placement but wish to remain in the community.(b) Research shows that PACE produces significant improvements for the beneficiaries it serves, including fewer hospitalizations, fewer nursing home admissions, higher quality of life, and greater rates of satisfaction with overall care.(c) The PACE model achieves savings for the State of California. In 2017, the state paid $22,600,000 less than it would have if all current PACE participants were served outside of PACE.(d) Currently, there are 12 PACE programs operating in 42 sites across California, serving almost over 8,000 seniors.(e) PACE organizations are currently required to obtain licensing approvals or exemptions to operate clinics, adult day health centers, and, in some cases, home health agencies, from the State Department of Public Health (DPH) in a lengthy process that is separate from the extensive approval process administered by the State Department of Health Care Services (DHCS).(f) This bifurcated process can delay the rollout of new and expanding PACE programs by months or even years.(g) Therefore, it is the intent of the Legislature to shift responsibility for PACE licensing from DPH to DHCS to remove redundancy and duplication between the reviews by the two departments, and expedite approval of new or expanding PACE programs that will help more seniors access PACE while remaining in their homes and communities.SECTION 1.SEC. 2. 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 Part 3 of Division 9 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.SEC. 3. 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 thee of Federal Regulations.SEC. 4.SEC. 5. 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 shall establish 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 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, and 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).
Amended IN Assembly March 26, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1128Introduced by Assembly Member Petrie-Norris(Coauthors: Assembly Members Kalra and Voepel)February 21, 2019 An act to add Sections 1221.18. 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 amended, 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
Amended IN Assembly March 26, 2019
Amended IN Assembly March 26, 2019
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill No. 1128
Introduced by Assembly Member Petrie-Norris(Coauthors: Assembly Members Kalra and Voepel)February 21, 2019
Introduced by Assembly Member Petrie-Norris(Coauthors: Assembly Members Kalra and Voepel)
February 21, 2019
An act to add Sections 1221.18. 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 amended, 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. The Legislature finds and declares all of the following:(a) The Program of All-Inclusive Care for the Elderly (PACE) is a national model of comprehensive care for Californias frail population 55 years of age and older who qualify for nursing home placement but wish to remain in the community.(b) Research shows that PACE produces significant improvements for the beneficiaries it serves, including fewer hospitalizations, fewer nursing home admissions, higher quality of life, and greater rates of satisfaction with overall care.(c) The PACE model achieves savings for the State of California. In 2017, the state paid $22,600,000 less than it would have if all current PACE participants were served outside of PACE.(d) Currently, there are 12 PACE programs operating in 42 sites across California, serving almost over 8,000 seniors.(e) PACE organizations are currently required to obtain licensing approvals or exemptions to operate clinics, adult day health centers, and, in some cases, home health agencies, from the State Department of Public Health (DPH) in a lengthy process that is separate from the extensive approval process administered by the State Department of Health Care Services (DHCS).(f) This bifurcated process can delay the rollout of new and expanding PACE programs by months or even years.(g) Therefore, it is the intent of the Legislature to shift responsibility for PACE licensing from DPH to DHCS to remove redundancy and duplication between the reviews by the two departments, and expedite approval of new or expanding PACE programs that will help more seniors access PACE while remaining in their homes and communities.SECTION 1.SEC. 2. 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 Part 3 of Division 9 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.SEC. 3. 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 thee of Federal Regulations.SEC. 4.SEC. 5. 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 shall establish 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 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, and 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. The Legislature finds and declares all of the following:(a) The Program of All-Inclusive Care for the Elderly (PACE) is a national model of comprehensive care for Californias frail population 55 years of age and older who qualify for nursing home placement but wish to remain in the community.(b) Research shows that PACE produces significant improvements for the beneficiaries it serves, including fewer hospitalizations, fewer nursing home admissions, higher quality of life, and greater rates of satisfaction with overall care.(c) The PACE model achieves savings for the State of California. In 2017, the state paid $22,600,000 less than it would have if all current PACE participants were served outside of PACE.(d) Currently, there are 12 PACE programs operating in 42 sites across California, serving almost over 8,000 seniors.(e) PACE organizations are currently required to obtain licensing approvals or exemptions to operate clinics, adult day health centers, and, in some cases, home health agencies, from the State Department of Public Health (DPH) in a lengthy process that is separate from the extensive approval process administered by the State Department of Health Care Services (DHCS).(f) This bifurcated process can delay the rollout of new and expanding PACE programs by months or even years.(g) Therefore, it is the intent of the Legislature to shift responsibility for PACE licensing from DPH to DHCS to remove redundancy and duplication between the reviews by the two departments, and expedite approval of new or expanding PACE programs that will help more seniors access PACE while remaining in their homes and communities.
SECTION 1. The Legislature finds and declares all of the following:(a) The Program of All-Inclusive Care for the Elderly (PACE) is a national model of comprehensive care for Californias frail population 55 years of age and older who qualify for nursing home placement but wish to remain in the community.(b) Research shows that PACE produces significant improvements for the beneficiaries it serves, including fewer hospitalizations, fewer nursing home admissions, higher quality of life, and greater rates of satisfaction with overall care.(c) The PACE model achieves savings for the State of California. In 2017, the state paid $22,600,000 less than it would have if all current PACE participants were served outside of PACE.(d) Currently, there are 12 PACE programs operating in 42 sites across California, serving almost over 8,000 seniors.(e) PACE organizations are currently required to obtain licensing approvals or exemptions to operate clinics, adult day health centers, and, in some cases, home health agencies, from the State Department of Public Health (DPH) in a lengthy process that is separate from the extensive approval process administered by the State Department of Health Care Services (DHCS).(f) This bifurcated process can delay the rollout of new and expanding PACE programs by months or even years.(g) Therefore, it is the intent of the Legislature to shift responsibility for PACE licensing from DPH to DHCS to remove redundancy and duplication between the reviews by the two departments, and expedite approval of new or expanding PACE programs that will help more seniors access PACE while remaining in their homes and communities.
SECTION 1. The Legislature finds and declares all of the following:
### SECTION 1.
(a) The Program of All-Inclusive Care for the Elderly (PACE) is a national model of comprehensive care for Californias frail population 55 years of age and older who qualify for nursing home placement but wish to remain in the community.
(b) Research shows that PACE produces significant improvements for the beneficiaries it serves, including fewer hospitalizations, fewer nursing home admissions, higher quality of life, and greater rates of satisfaction with overall care.
(c) The PACE model achieves savings for the State of California. In 2017, the state paid $22,600,000 less than it would have if all current PACE participants were served outside of PACE.
(d) Currently, there are 12 PACE programs operating in 42 sites across California, serving almost over 8,000 seniors.
(e) PACE organizations are currently required to obtain licensing approvals or exemptions to operate clinics, adult day health centers, and, in some cases, home health agencies, from the State Department of Public Health (DPH) in a lengthy process that is separate from the extensive approval process administered by the State Department of Health Care Services (DHCS).
(f) This bifurcated process can delay the rollout of new and expanding PACE programs by months or even years.
(g) Therefore, it is the intent of the Legislature to shift responsibility for PACE licensing from DPH to DHCS to remove redundancy and duplication between the reviews by the two departments, and expedite approval of new or expanding PACE programs that will help more seniors access PACE while remaining in their homes and communities.
SECTION 1.SEC. 2. 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 Part 3 of Division 9 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.SEC. 2. Section 1221.18 is added to the Health and Safety Code, to read:
### SECTION 1.SEC. 2.
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 Part 3 of Division 9 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 Part 3 of Division 9 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 Part 3 of Division 9 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 Part 3 of Division 9 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.SEC. 3. 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 thee of Federal Regulations.
SEC. 2.SEC. 3. Section 1575.5 is added to the Health and Safety Code, to read:
### SEC. 2.SEC. 3.
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 thee 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 thee 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 thee 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 thee of Federal Regulations.
SEC. 4.SEC. 5. 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 shall establish 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 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, and 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.SEC. 5. Section 14592 of the Welfare and Institutions Code is amended to read:
### SEC. 4.SEC. 5.
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 shall establish 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 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, and 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 shall establish 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 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, and 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 shall establish 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 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, and 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 shall establish 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 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, and 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).