Pursuant to section 902 of the MMA 3
year deadline we are finalizing the November 24, 1999 interim final
rule with comment and the October 1, 2002 interim final rule with
comment, thereby retaining the PACE program regulations. In this
final rule we are adding the requirement that PACE organizations
establish policies and procedures for members of the governing body
to disclose and recuse in the event of a direct or indirect
conflict of interest. We are also adding that disclosure be
document ed.
The reporting
requirements being filed under this review do not represent
substantively new processes for PACE providers. The reporting
requirements have been updated in specific areas to provide a
mechanism for disclosure and recusal in the event of a conflict of
interest involving members of the PACE governing body or their
immediate family members, and removes the requirement that PACE
organizations must furnish a copy of signed contracts for inpatient
care facilities to CMS and the State administering agency.
Concurrent with the Federal Register posting, CMS will announce and
post this document on www.cms.hhs.gov. CMM requests that the PRA
Federal Register be published on November 24, 2006 and that the
comment period run until December 8, 2006. CMM is requesting OMB
approval by December 15, 2006. Note that the Medicare and Medicaid
Programs: Programs of All-inclusive Care for the Elderly (PACE);
Program Revisions final rule, CMS-1201-F, will publish on November
24, 2006 and will become effective on December 22, 2006 (30 days
after publication) and the reporting requirements will also become
effective on December 22, 2006.
PL:
Pub.L. 105 - 33 4801 Name of Law: the Balanced Budget Act of
1997
PL:
Pub.L. 106 - 554 903 Name of Law: Medicare, Medicaid and SCHIP
Benefits Improvement Act of 2000
US Code: 42
USC 1894 Name of Law: PAYMENTS TO, AND COVERAGE OF BENEFITS
UNDER PROGRAMS OF ALL-INCLUSIVE CARE FOR THE ELDERLY
US Code: 42
USC 1934 Name of Law: PROGRAM OF ALL-INCLUSIVE CARE FOR THE
ELDERLY
US Code: 42 USC 1894 Name of Law: PAYMENTS
TO, AND COVERAGE OF BENEFITS UNDER PROGRAMS OF ALL-INCLUSIVE CARE
FOR THE ELDERLY (PACE)
We are adding requirement to
provide for mechanism to disclose and recusal in the event of a
direct or indirect conflict of interest by members of the governing
body or their immediate family members. Due to the nature of PACE
where conflict of interest is common, we are providing a mechanism
whereby the PACE organization must develop policies and procedures
for dealing with direct or indirect conflict of interest by members
of the governing body or their immediate family members. As all the
PACE demonstration waiver programs have transitioned to permanent
provider status and we receive less than 10 applications per year
we have omitted the one time application burden from the total
annual burden totals.
$0
No
No
Uncollected
Uncollected
Uncollected
Uncollected
Saleda Perryman
No
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
CMS-R 244-Supporting Statement for PACE Final 11 07 06.doc
Medicare and Medicaid; Programs For All-Inclusive Care For The Elderly (PACE) Contained in 42 CFR 460.12-460.210