Ill STAT. 540 PUBLIC LAW 105-33—AUG. 5, 1997 described in subparagraph (A), (B), (C), or (D) of paragraph (2) of such section are true. "(4) PACE PROGRAM AGREEMENT DEFINED. —For purpOSeS of this section, the term 'PACE program agreement' means, with respect to a PACE provider, an agreement, consistent with this section, section 1894 (if applicable), and regulations promulgated to carry out such sections, among the PACE provider, the Secretary, and a State administering agency for the operation of a PACE program by the provider under such sections. "(5) PACE PROGRAM ELIGIBLE INDIVIDUAL DEFINED.—For purposes of this section, the term 'PACE program eligible individual' means, with respect to a PACE program, an individual who— "(A) is 55 years of age or older; "(B) subject to subsection (c)(4), is determined under subsection (c) to require the level of care required under the State medicaid plan for coverage of nursing facility services; "(C) resides in the service area of the PACE program; and "(D) meets such other eligibility conditions as may be imposed under the PACE program agreement for the program under subsection (e)(2)(A)(ii).
- (6) PACE PROTOCOL. — For purposes of this section, the
term TACE protocol' means the Protocol for the Program of All-inclusive Care for the Elderly (PACE), as published by On Lok, Inc., as of April 14, 1995, or any successor protocol that may be agreed upon between the Secretary and On Lok, Inc. "(7) PACE DEMONSTRATION WAIVER PROGRAM DEFINED.— For purposes of this section, the term TACE demonstration waiver program' means a demonstration program under either of the following sections (as in effect before the date of their repeal): "(A) Section 603(c) of the Social Security Amendments of 1983 (Public Law 98-21), as extended by section 9220 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law 99-272). "(B) Section 9412(b) of the Omnibus Budget Reconciliation Act of 1986 (Public Law 99-509). "(8) STATE ADMINISTERING AGENCY DEFINED.—For purposes of this section, the term 'State administering agency means, with respect to the operation of a PACE program in a State, the agency of that State (which may be the single agency responsible for administration of the State plan under this title in the State) responsible for administering PACE program agreements under this section and section 1894 in the State. "(9) TRIAL PERIOD DEFINED.— "(A) IN GENERAL.— For purposes of this section, the term 'trial period' means, with respect to a PACE program operated by a PACE provider under a PACE program agreement, the first 3 contract years under such agreement with respect to such program. "(B) TREATMENT OF ENTITIES PREVIOUSLY OPERATING PACE DEMONSTRATION WAIVER PROGRAMS.— Each contract year (including a year occurring before the effective date
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