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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.
Passed the House February 20, 2001.
Passed the Senate April 9, 2001.
Approved by the Governor May
7, 2001.
Filed
in Office of Secretary of State May 7, 2001.
