HB-6551, As Passed Senate, December 13, 2018

 

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE FOR

 

HOUSE BILL NO. 6551

 

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1939 PA 280, entitled

 

"The social welfare act,"

 

(MCL 400.1 to 400.119b) by adding section 22.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 22. (1) As used in this section, "Program of All-

 

Inclusive Care for the Elderly" or "PACE" means an innovative model

 

of community-based care that enables elderly individuals, who are

 

certified as needing nursing facility care, to live as

 

independently as possible.

 

     (2) A prospective PACE organization can be a not-for-profit,

 

for-profit, or public entity that is primarily engaged in providing

 

PACE services and participates in both Medicare and Medicaid.

 

Michigan licensure as a health care entity is not required. An

 

unlicensed PACE entity may serve any eligible enrollee. A

 

prospective PACE entity must meet the federal requirements for a

 

PACE organization, enroll as a Michigan Medicaid provider, and

 

complete a feasibility study.

 

     (3) A prospective PACE organization must submit both of the

 

following to the department:

 

     (a) Not later than 90 calendar days after submitting a letter

 

of intent, a feasibility study.

 

     (b) Not later than 1 year after the department approves the

 

feasibility study, a provider application.

 

     (4) When submitting a letter of intent, a prospective PACE

 

entity must state in the application the service area proposed for

 

the PACE program. If the state determines that there is unmet need

 

in a designated geographic area already covered by an existing PACE

 

organization, the department must notify that PACE organization in

 

a reasonable amount of time, and that PACE organization must be

 

given the opportunity to submit a plan to expand capacity

 

sufficient to accommodate need. The department must give the

 

existing PACE program 6 months from notice of the determination of

 

unmet need to submit an expansion plan. If the existing PACE

 

organization fails to submit a reasonable plan for expansion within

 

6 months, the state may allow proposals from other PACE

 

organizations. The department shall work with the PACE Association

 

of Michigan and other appropriate provider representatives to

 

develop and acceptable methodology to determine unmet need.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.