Section 441.88.23. PACE program agreement.

An entity that has been approved by the department and CMS to be a PACE organization must enter into an agreement with CMS and the department for the operation of a PACE program under Medicare and Medicaid. The agreement must be signed by an authorized official of CMS, the PACE organization, and the department.

         88.23(1) Content and terms of agreement.

            a.                Required content. A PACE program agreement must include the following information:

             (1)             A designation of the service area of the PACE organization’s program, identified by county. The department and CMS must approve any change in the designated service area.

             (2)             The PACE organization’s commitment to meet all applicable requirements under federal, state, and local laws and regulations, including provisions of the Civil Rights Act, the Age Discrimination Act, and the Americans with Disabilities Act.

             (3)             The effective date and term of the agreement.

             (4)             A description of the organizational structure of the PACE organization and information on the organization’s administrative contacts.

             (5)             An enrollee bill of rights approved by CMS and an assurance that the listed rights and protections will be provided.

             (6)             A description of the process for handling enrollee grievances and appeals.

             (7)             A statement of the PACE organization’s policies on eligibility, enrollment, voluntary disenrollment, and involuntary disenrollment.

             (8)             A description of the services available to enrollees.

             (9)             A description of the PACE organization’s quality assessment and performance improvement program.

             (10)            A statement of the levels of performance required in CMS standard quality measures.

             (11)            A statement of the data and information required by the department and CMS to be collected on enrollee care.

             (12)            The Medicaid capitation rate and the methodology used to calculate the Medicare capitation rate.

             (13)            A description of procedures that the PACE organization will follow if the PACE program agreement is terminated, including how the organization will:

            1.      Inform enrollees, the community, CMS, and the department, in writing, about the organization’s termination and transition procedures.

            2.      Initiate contact with income maintenance staff in the local department office and assist enrollees in obtaining reinstatement of conventional Medicare and Medicaid benefits.

            3.      Transition enrollees’ care to other providers.

            4.      Terminate marketing and enrollment activities.

            b.                Optional content. An agreement may:

             (1)             Provide additional requirements for individuals to qualify as PACE enrollees in accordance with subparagraph 88.84(1)“a”(5).

             (2)             Contain any additional terms and conditions agreed to by the parties.

         88.23(2) Duration of agreement. A PACE program agreement shall be effective for a contract year but may be extended for additional contract years in the absence of a notice by a party to terminate.

         88.23(3) Enforcement of agreement. If the department determines that the PACE organization is not in substantial compliance with requirements of the federal PACE regulations or of this division, the department may take one or more of the following actions:

            a.               Condition the continuation of the PACE program agreement upon timely execution of a corrective action plan.

            b.               Withhold some or all payments under the PACE program agreement until the PACE organization corrects the deficiency.

            c.               Terminate the PACE program agreement.

         88.23(4) Termination of agreement by the department.

            a.                Grounds for termination. The department may terminate a PACE program agreement at any time for cause, including but not limited to the following circumstances:

             (1)             Termination due to uncorrected deficiencies. The department may terminate a PACE program agreement if both of the following circumstances exist:

            1.      The department has determined through a review pursuant to subrule 88.87(4) that the PACE organization has significant deficiencies in the quality of care furnished to enrollees or has failed to comply substantially with the conditions for a PACE organization or PACE program under this division, the federal PACE regulations, or the terms of its PACE program agreement.

            2.      The PACE organization has failed to develop and successfully initiate a plan to correct the deficiencies within 30 days of the date of receipt of a written notice of deficiencies, as confirmed by certified mail, or has failed to continue implementation of the corrective action plan.

             (2)             Termination due to health and safety risk. The department may terminate a PACE program agreement if the department determines that the PACE organization cannot ensure the health and safety of its enrollees. This determination may result from the identification of deficiencies that the department determines cannot be corrected.

            b.                Notice and opportunity for hearing. Except as provided in paragraph “c” of this subrule, before terminating an agreement, the department shall furnish the PACE organization with the following:

             (1)             A reasonable opportunity to develop and implement a corrective action plan to correct the deficiencies that are the basis of the department’s determination that cause exists for termination.

             (2)            Reasonable notice and opportunity for hearing (including the right to appeal an initial determination) before terminating the agreement.

            c.                Immediate termination. The department may terminate an agreement without invoking the procedures described in paragraph “b” of this subrule if the department determines that a delay in termination resulting from compliance with those procedures before termination would pose an imminent and serious risk to the health of the enrollees.

         88.23(5) Termination of agreement by PACE organization. A PACE organization may terminate an agreement after timely notice issued as follows:

            a.               To CMS and the department, 90 days before termination.

            b.               To enrollees, 60 days before termination.

         88.23(6) Transitional care during termination. A PACE organization whose PACE program agreement is being terminated must provide assistance to each enrollee in obtaining necessary transitional care by making appropriate referrals and making the enrollee’s medical records available to new providers.

[ARC 2358C, IAB 1/6/16, effective 1/1/16]