§ 2999-u. Licensure.
1.The commissioner shall license an entity\napplying for licensure as a PACE organization if the applicant\ndemonstrates to the satisfaction of the commissioner that the applicant\nwill:\n (a) comply with the requirements of a PACE organization under\napplicable federal law and regulations;\n (b) provide a facility or facilities at which primary care and other\nservices are furnished to enrollees;\n (c) provide an interdisciplinary team approach to care management,\ncare delivery and care planning;\n (d) comply with this article, the applicable provisions of articles\ntwenty-eight, thirty-six and forty-four of this chapter and regulations\nthereunder, and regulations of the commissioner under this article; and\n (e) enter into a PACE organization contract and a
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§ 2999-u. Licensure. 1. The commissioner shall license an entity\napplying for licensure as a PACE organization if the applicant\ndemonstrates to the satisfaction of the commissioner that the applicant\nwill:\n (a) comply with the requirements of a PACE organization under\napplicable federal law and regulations;\n (b) provide a facility or facilities at which primary care and other\nservices are furnished to enrollees;\n (c) provide an interdisciplinary team approach to care management,\ncare delivery and care planning;\n (d) comply with this article, the applicable provisions of articles\ntwenty-eight, thirty-six and forty-four of this chapter and regulations\nthereunder, and regulations of the commissioner under this article; and\n (e) enter into a PACE organization contract and agreement with the\ndepartment and CMS.\n 2. (a) A PACE organization shall serve an approved geographic service\narea.\n (b) A PACE organization and its incorporators, directors, sponsors,\nstockholders, members, and operators shall have the experience,\ncompetence, and standing in the community as to give reasonable\nassurance of their ability to operate the organization to provide a\nconsistently high level of care for enrollees and comply with this\narticle. A PACE organization shall demonstrate that where any\nincorporator, director, sponsor, stockholder, member, or operator of the\norganization holds, or within the past seven years has held, a\ncontrolling interest or been a controlling person in an organization or\nfacility licensed under this chapter, a consistently high level of care\nhas been rendered in each such organization or facility.\n (c) A PACE organization shall meet requirements for financial solvency\nunder paragraph (c) of subdivision one of section forty-four hundred\nthree of this chapter, including a contingent reserve requirement which\nmay, by regulations of the commissioner, be different from that required\nby that paragraph.\n (d) A PACE organization shall be deemed to be a health maintenance\norganization under article forty-four of this chapter for purposes of\nsubdivision one of section sixty-five hundred twenty-seven of the\neducation law.\n 3. (a) The commissioner shall establish in regulation a unified\nlicensure process for PACE organizations that includes the applicable\nprogram requirements of this article and articles twenty-eight,\nthirty-six and forty-four of this chapter.\n (b) A license under this article shall require approval of the public\nhealth and health planning council.\n