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This entry was published on 2023-06-30
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SECTION 2999-Y
Regulations and applicable laws
Public Health (PBH) CHAPTER 45, ARTICLE 29-EE
§ 2999-y. Regulations and applicable laws. 1. The commissioner shall
make regulations and take other actions reasonably necessary to
implement this article, including the establishment of any rules and
processes appropriate for the safe, efficient and orderly administration
of the program and for the maintenance and revocation of licensure under
this article.

2. (a) Licensure granted under this article may, in accordance with
the approval by the commissioner, entitle the PACE organization to act
in the capacity and perform the activities of a diagnostic and treatment
center, home care services agency, health maintenance organization, or
managed long term care plan for which licensure or certification is
otherwise required under article twenty-eight, thirty-six, or forty-four
of this chapter as applicable without such separate license or
certification for purposes relating to the PACE.

(b) To the extent that a PACE organization is acting in the capacity
or performing an activity for which licensure or certification is
otherwise required under article twenty-eight, thirty-six, or forty-four
of this chapter, the PACE organization shall comply with the applicable
requirements of such articles and any applicable regulations adopted
thereunder; except that where such requirements are inconsistent with
the requirements of this article or regulations adopted by the
commissioner under this article, the requirements of this article and
such regulations shall apply.

3. The commissioner may apply for federal waivers under Medicaid or
demonstration programs under Medicare relating to the PACE program,
provided that the waiver or demonstration shall not diminish any right
or benefit of enrollees under this article.