[Code of Federal Regulations]

[Title 42, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR460.24]



[Page 416]

 

                         TITLE 42--PUBLIC HEALTH

 

  CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF 

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

PART 460_PROGRAMS OF ALL-INCLUSIVE CARE FOR THE ELDERLY (PACE)--Table 

of Contents

 

       Subpart B_PACE Organization Application and Waiver Process

 

Sec. 460.24  Limit on number of PACE program agreements.



    (a) Numerical limit. Except as specified in paragraph (b) of this 

section, CMS does not permit the number of PACE organizations with which 

agreements are in effect under this part or under section 9412(b) of the 

Omnibus Budget Reconciliation Act of 1986, to exceed the following:

    (1) As of August 5, 1997--40.

    (2) As of each succeeding August 5, the numerical limit for the 

preceding year plus 20, without regard to the actual number of 

agreements in effect on a previous anniversary date. (For example, the 

limit is 60 on August 5, 1998 and 80 on August 5, 1999.)

    (b) Exception. The numerical limit does not apply to a private, for-

profit PACE organization that meets the following conditions:

    (1) Is operating under a demonstration project waiver under section 

1894(h) and 1934(h) of the Act.

    (2) Was operating under a waiver and subsequently qualifies for PACE 

organization status in accordance with sections 1894(a)(3)(B)(ii) and 

1934(a)(3)(B)(ii) of the Act.