Proposed PACE Regulations Published for Comment

(Aug. 13, 2024) Proposed regulations to create a unified licensure and oversight process for Programs of All-Inclusive Care for the Elderly (PACE) were published for public comment in the Aug. 7th issue of the State Register.  The regulations were developed in response to legislation enacted in 2022.  Comments are due on Oct. 6th and may be submitted to the Department of Health here.

Current regulations require PACE programs to adhere to the State licensure and operating standards and procedures for managed long term care (MLTC) plans, diagnostic and treatment centers (DTCs), and home care agencies, as well as federal requirements. The new regulations, if adopted, would create a consolidated State licensure process that incorporates the criteria of the existing licenses and applies PHHPC approval requirements to the PACE program in its entirety, rather than its DTC and home care agency components.

LeadingAge NY is concerned that, as reflected in the proposed regulations, the new processes will not be much different from the existing ones.  In addition, the proposed regulations appear to import provisions from Article 28 regulations that are not easily applied to PACE programs as a whole.

An overview of the pre-publication draft regulations is here.  LeadingAge NY members who have comments on the proposed regulations are encouraged to share them with Karen Lipson, by Sept. 23rd, for possible inclusion in the association's comments. 

Contact: Karen Lipson, klipson@leadingageny.org.