Existing federal law authorizes a state to establish a program, commonly known as a program of all-inclusive care for the elderly or PACE program, to provide services to certain recipients of Medicare and Medicaid who are 55 years of age or older. (42 U.S.C. §§ 1395eee and 1396u-4) Existing state law authorizes the Aging and Disability Services Division of the Department of Health and Human Services to establish and administer a PACE program. (NRS 427A.255, 427A.260)
Sections 2 and 8 of this bill eliminate the authority of the Division to establish a PACE program, and sections 2-4 of this bill remove references, in existing law to such a PACE program. Instead, section 1 of this bill requires the Department through any of its Divisions to establish and administer a PACE program that utilizes federally-qualified health centers to provide services to persons enrolled in the PACE program. Section 6 of this bill makes a conforming change to require the Director of the Department to administer the provisions of section 1 in the same manner as the provisions of existing law governing Medicaid and certain other programs administered by the Department.
Existing law: (1) creates the Office of the Community Advocate within the Division; and (2) requires the Community Advocate to assist in coordinating resources and services available to aging persons within their respective communities, including any PACE program established by the Division. (NRS 427A.300, 427A.310) Section 4 replaces the reference to the PACE program established by the Division with a reference to the PACE program established by the Department pursuant to section 1, thereby requiring the Community Advocate to provide assistance related to that PACE program. Sections 5 and 7 of this bill make conforming changes so that the PACE program created by section 1 is treated similarly to any PACE program that would have been created under the authority eliminated by section 8 for purposes relating to: (1) the division of the community income, assets and obligations of a married couple into separate income for the purpose of qualifying for such a program; and (2) activities of a home care program, which is a program, including a PACE program, established by a state agency or a local government which provides in the home personal care services, personal assistance or temporary respite services to elderly persons or persons with disabilities.