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ENGROSSED HOUSE BILL 1099
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Passed Legislature - 2001 Regular Session
State of Washington 57th Legislature 2001
Regular Session
By
Read first time 01/17/2001. Referred to
Committee on Financial Institutions & Insurance.
Outlining requirements
for the operation of a PACE program in Washington state.
AN ACT Relating to the
PACE program; adding a new section to chapter 74.09 RCW; adding a new section
to chapter 48.01 RCW; creating a new section; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. The legislature finds
that PACE programs provide essential care to the frail elderly in the state of
Washington. PACE serves to enhance the quality of life and autonomy for frail,
older adults, maximize the dignity of and respect for older adults, enable
frail and older adults to live in their homes and their community as long as
medically possible, and preserve and support the older adult's family unit.
NEW SECTION. Sec.
2. A new section is added
to chapter 74.09 RCW to read as follows:
(1) The definitions in
this subsection apply throughout this section unless the context clearly
requires otherwise.
(a) "PACE"
means the program of all-inclusive care for the elderly, a managed care
medicare/medicaid program authorized under sections 1894, 1905(a), and 1934 of
the social security act and administered by the department.
(b) "PACE program
agreement" means an agreement between a PACE organization, the health care
financing administration, and the department.
(2) A PACE program may
operate in the state only in accordance with a PACE program agreement with the
department.
(3) A PACE program
shall at the time of entering into the initial PACE program agreement, and at
each renewal thereof, demonstrate cash reserves to cover expenses in the event
of insolvency.
(a) The cash reserves
at a minimum shall equal the sum of:
(i) One month's total
capitation revenue; and
(ii) One month's
average payment to subcontractors.
(b) The program may
demonstrate cash reserves to cover expenses of insolvency with one or more of
the following: Reasonable and sufficient net worth, insolvency insurance, or
parental guarantees.
(4) A PACE program must
provide full disclosure regarding the terms of enrollment and the option to
disenroll at any time to all persons who seek to participate or who are
participants in the program.
NEW SECTION. Sec.
3. A new section is added
to chapter 48.01 RCW to read as follows:
The activities and
operations of PACE programs, as defined in section 2 of this act and as
authorized under sections 1894, 1905(a), and 1934 of the social security act,
when registered, certified, licensed, or otherwise recognized or designated as
a PACE program by the Washington state department of social and health
services, are exempt from the requirements of this title.
NEW
SECTION. Sec. 4. This act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and takes effect
immediately.
