HouseH.R. 10547119th Congress

PACE Access Improvement Act

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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10547 Introduced in House (IH)]

<DOC>

119th CONGRESS
  2d Session
                               H. R. 10547

  To amend titles XVIII and XIX of the Social Security Act to improve 
access to the Program of All-Inclusive Care for the Elderly (PACE), to 
  reduce regulatory burdens on PACE providers, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 24, 2026

 Mrs. Dingell (for herself and Mr. Moolenaar) introduced the following 
 bill; which was referred to the Committee on Energy and Commerce, and 
  in addition to the Committee on Ways and Means, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL

 
  To amend titles XVIII and XIX of the Social Security Act to improve 
access to the Program of All-Inclusive Care for the Elderly (PACE), to 
  reduce regulatory burdens on PACE providers, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``PACE Access Improvement Act''.

SEC. 2. ANYTIME ENROLLMENT IN PACE.

    (a) In General.--
            (1) Any time enrollment and effective date.--Section 
        1894(c)(5) of the Social Security Act (42 U.S.C. 1395eee(c)(5)) 
        is amended by adding at the end the following new subparagraph:
                    ``(C) Any time enrollment and effective date of 
                enrollment.--
                            ``(i) Any time enrollment.--With respect to 
                        enrollments made on or after January 1, 2027, a 
                        PACE program eligible individual may enroll in 
                        a PACE program at any time during a month.
                            ``(ii) Effective date.--With respect to 
                        enrollments made on or after January 1, 2027, 
                        the enrollment of a PACE program eligible 
                        individual in a PACE program shall be effective 
                        on the date the PACE provider operating the 
                        PACE program receives an enrollment agreement 
                        signed by such PACE program eligible individual 
                        with respect to such PACE program.''.
            (2) Prorated payments.--Section 1894(d) of the Social 
        Security Act (42 U.S.C. 1395eee(d)) is amended by adding at the 
        end the following new paragraph:
            ``(4) Prorated payments.--With respect to enrollments made 
        on or after January 1, 2027, in the case of a PACE program 
        eligible individual enrolled in a PACE program operated by a 
        PACE provider with an enrollment effective date that is not the 
        first day of a month, the capitation amount that would 
        otherwise be made under this subsection to the PACE provider 
        for such individual for the first month in which such 
        individual is so enrolled shall be prorated accordingly.''.
    (b) Requirements Under Medicaid.--
            (1) Any time enrollment and effective date.--Section 
        1934(c)(5) of the Social Security Act (42 U.S.C. 1396u-4(c)(5)) 
        is amended by adding at the end the following new subparagraph:
                    ``(C) Any time enrollment and effective date of 
                enrollment.--
                            ``(i) Any time enrollment.--With respect to 
                        enrollments made on or after January 1, 2027, a 
                        PACE program eligible individual may enroll in 
                        a PACE program in a State at any time during a 
                        month.
                            ``(ii) Effective date.--With respect to 
                        enrollments made on or after January 1, 2027, 
                        the enrollment of a PACE program eligible 
                        individual in a PACE program shall be effective 
                        on the date the PACE provider operating the 
                        PACE program receives an enrollment agreement 
                        signed by such PACE program eligible individual 
                        with respect to such PACE program.''.
            (2) Prorated payments.--Section 1934(d) of the Social 
        Security Act (42 U.S.C. 1396u-4(d)) is amended by adding at the 
        end the following new paragraph:
            ``(3) Prorated payments.--With respect to enrollments made 
        on or after January 1, 2027, in the case of a PACE program 
        eligible individual enrolled in a PACE program operated by a 
        PACE provider with an enrollment effective date that is not the 
        first day of a month, the State shall prorate the capitation 
        amount that would otherwise be made under this subsection to 
        the PACE provider for such individual for the first month in 
        which such individual is so enrolled.''.

SEC. 3. PACE SITE APPROVAL AND EXPANSION.

    Sections 1894(e) and 1934(e) of the Social Security Act (42 U.S.C. 
1395eee(e), 1396u-4(e)) are each amended by striking paragraph (8) and 
inserting the following:
            ``(8) Revised processes for new provider status, service 
        area expansions, and additions of pace center sites.--
                    ``(A) In general.--Beginning January 1, 2027, the 
                following shall apply:
                            ``(i) Seeking new pace provider status.--An 
                        entity may submit an application for the 
                        purpose described in section 460.10(a)(1) of 
                        title 42, Code of Federal Regulations, or any 
                        successor regulation, at any time and may 
                        submit multiple applications for such purpose 
                        in the same quarter.
                            ``(ii) Seeking service area expansion or 
                        addition of pace center site (but not both).--
                                    ``(I) In general.--An entity may 
                                submit an application for a purpose 
                                described in section 460.10(a)(2) of 
                                title 42, Code of Federal Regulations, 
                                or any successor regulation, at any 
                                time, subject to the requirements of 
                                section 460.12(d) of such title 
                                (relating to the first trial period 
                                audit), or any successor regulation, 
                                and may submit multiple applications 
                                for such purpose in the same quarter.
                                    ``(II) Application not required for 
                                qualified pace providers seeking 
                                addition of a pace center site in 
                                existing service area.--A qualified 
                                PACE provider (as defined in 
                                subparagraph (E)(ii)) operating a PACE 
                                program in a service area that seeks to 
                                add a PACE center site under such PACE 
                                program to such service area (and does 
                                not also seek to expand its service 
                                area) shall not be required to submit 
                                an application to the Secretary in 
                                order to so add such PACE center site 
                                if the qualified PACE provider submits 
                                to the Secretary (at such time as the 
                                Secretary may specify in regulation) a 
                                qualifying notice (as defined in 
                                subparagraph (E)(i)) with respect to 
                                the proposed additional PACE center 
                                site. Such a qualifying notice shall 
                                not be considered an application for 
                                purposes of subpart B of part 460 of 
                                title 42, Code of Federal Regulations, 
                                or any successor to such regulations.
                            ``(iii) Seeking both service area expansion 
                        and addition of pace center site.--An entity 
                        may submit an application for the purposes 
                        described in section 460.10(a)(3) of title 42, 
                        Code of Federal Regulations, or any successor 
                        regulation, at any time, subject to the 
                        requirements of section 460.12(d) of such title 
                        (relating to the first trial period audit), or 
                        any successor regulation, and may submit 
                        multiple applications for such purposes in the 
                        same quarter.
                    ``(B) Deemed approval for applications.--An 
                application described in subparagraph (A)(i), 
                (A)(ii)(I), or (A)(iii) shall be deemed approved unless 
                the Secretary, within 45 days after the date of the 
                submission of the application to the Secretary, either 
                denies such request in writing or informs the applicant 
                in writing with respect to any additional information 
                that is needed in order to make a final determination 
                with respect to the application. After the date the 
                Secretary receives such additional information, the 
                application shall be deemed approved unless the 
                Secretary, within 45 days of such date, denies such 
                request.
                    ``(C) Certain assurances substituting for certain 
                application requirements for required interdisciplinary 
                team and contractors.--
                            ``(i) In general.--In the case of an 
                        application described in subparagraph (A)(i), 
                        (A)(ii)(I), or (A)(iii) that includes each of 
                        the assurances described in clause (ii), with 
                        respect to a PACE provider and proposed PACE 
                        center site, such assurances shall be treated 
                        as satisfying any application or other 
                        requirement applying a deadline by which the 
                        members of the interdisciplinary team described 
                        in section 460.102(b) of title 42, Code of 
                        Federal Regulations, or any successor 
                        regulation, are required to be employees or 
                        contractors of the proposed PACE center site 
                        and any deadline by which the PACE provider's 
                        contracts for contracted health care providers, 
                        personnel, staff, or other contractors to 
                        provide contracted services must be executed 
                        (and, if such assurances are so included, any 
                        such deadlines shall not apply with respect to 
                        such application).
                            ``(ii) Assurances described.--For purposes 
                        of clause (i), the assurances described in this 
                        clause, with respect to a PACE provider and 
                        proposed PACE center site are each of the 
                        following:
                                    ``(I) An assurance that the 
                                required members of the 
                                interdisciplinary team are employees or 
                                contractors of the proposed PACE center 
                                site or will be employees or 
                                contractors of the proposed PACE center 
                                site by the time the PACE center 
                                becomes operational.
                                    ``(II) An assurance that the PACE 
                                provider's contracts for all 
                                contractors and contracted personnel 
                                will be executed by the time the 
                                proposed PACE center site becomes 
                                operational.
                    ``(D) Permission to contract for projected staffing 
                needs.--In executing contracts with contracted health 
                care providers, personnel, staff, or other contractors 
                to provide contracted services or to establish an 
                interdisciplinary team, for a purpose described in 
                clause (i), (ii)(I), (ii)(II), or (iii) of subparagraph 
                (A), a PACE provider may include provisions for 
                staffing levels to be commensurate with enrollment to 
                full projected census.
                    ``(E) Definitions for qualified pace provider and 
                qualifying notice.--For purposes of subparagraph 
                (A)(ii)(II):
                            ``(i) Qualifying notice.--The term 
                        `qualifying notice' means, with respect to a 
                        qualified PACE provider operating a PACE 
                        program in a service area, a notice containing 
                        each of the following assurances with respect 
                        to the addition of a PACE center site to such 
                        service area by such qualified PACE provider:
                                    ``(I) An assurance that the 
                                additional PACE center site will be 
                                located within such service area of 
                                such PACE program.
                                    ``(II) An assurance from the State 
                                administering agency of the State in 
                                which the PACE program is located that 
                                the State is willing to amend the PACE 
                                program agreement to include the 
                                additional PACE center site in such 
                                service area.
                                    ``(III) Each of the assurances 
                                described in subparagraph (C)(ii).
                            ``(ii) Qualified pace provider.--The term 
                        `qualified PACE provider' means, with respect 
                        to a PACE program operated by such qualified 
                        PACE provider, a PACE provider that, at the 
                        time of submission of a qualifying notice to 
                        the Secretary--
                                    ``(I) has successfully completed 
                                the first trial period audit with 
                                respect to such PACE program; and
                                    ``(II) is not the subject of a 
                                sanction, an enforcement action or a 
                                termination proceeding under subpart D 
                                of part 460 of title 42, Code of 
                                Federal Regulations, or any successor 
                                regulation, with respect to such PACE 
                                program.''.

SEC. 4. REQUIRING STATES TO OFFER PACE PROGRAM SERVICES TO ELIGIBLE 
              INDIVIDUALS.

    (a) In General.--Section 1934(a) of the Social Security Act (42 
U.S.C. 1396u-4(a)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``A State may elect to provide'' 
                and inserting ``Before the compliance date described in 
                paragraph (11) with respect to a State, the State may 
                elect to provide, and on and after such compliance date 
                with respect to the State, the State shall provide''; 
                and
                    (B) by striking ``A State may establish a numerical 
                limit on the number of individuals who may be enrolled 
                in a PACE program under a PACE program agreement.''; 
                and
            (2) by adding at the end the following new paragraph:
            ``(11) Compliance date described.--For purposes of this 
        section, subject to section 4(c) of the PACE Access Improvement 
        Act, the compliance date with respect to a State is--
                    ``(A) in the case of a State that, as of the date 
                of the enactment of this paragraph, has in effect a 
                PACE program agreement with at least 1 PACE provider to 
                operate a PACE program in the State, the date that is 
                180 days after such date of enactment; and
                    ``(B) in the case of a State that is not described 
                in subparagraph (A), the date that is 3 years after 
                such date of enactment.''.
    (b) State Plan Requirement.--Section 1902(a) of the Social Security 
Act (42 U.S.C. 1396a(a)) is amended--
            (1) in paragraph (89), by striking ``; and'' and inserting 
        a semicolon;
            (2) in paragraph (90)(C), by striking the period at the end 
        and inserting ``; and''; and
            (3) by inserting after paragraph (90) the following new 
        paragraph;
            ``(91) provide, in accordance with section 1934, that the 
        State, beginning on the compliance date described in section 
        1934(a)(11) with respect to such State, shall provide medical 
        assistance with respect to PACE program services to PACE 
        program eligible individuals who are eligible for medical 
        assistance under the State plan or under a waiver of such plan 
        and who are enrolled in a PACE program under a PACE program 
        agreement.''.
    (c) Effective Date.--
            (1) In general.--Except as provided in paragraph (2) and 
        unless otherwise specified, the amendments made by this section 
        shall take effect on the date of the enactment of this Act and 
        shall apply beginning with respect to medical assistance 
        provided on the date that is 180 days after such date of 
        enactment.
            (2) Delay permitted if state legislation required.--In the 
        case of a State plan approved under title XIX of the Social 
        Security Act which the Secretary of Health and Human Services 
        determines requires State legislation (other than legislation 
        appropriating funds) in order for the plan to meet the 
        additional requirements imposed by the amendments made by this 
        section, the State plan shall not be regarded as failing to 
        comply with the requirements of such title solely on the basis 
        of the failure of the plan to meet such additional requirements 
        before the first day of the first calendar quarter beginning 
        after the close of the first regular session of the State 
        legislature that ends after the date of the enactment of this 
        section. For purposes of the preceding sentence, in the case of 
        a State that has a 2-year legislative session, each year of the 
        session is deemed to be a separate regular session of the State 
        legislature.

SEC. 5. REPEAL OF OVERLY BURDENSOME REGULATIONS ON OUTREACH.

    (a) Repeal of Unnecessarily Burdensome Regulatory Restrictions.--
            (1) In general.--Sections 1894(f)(3) and 1934(f)(3) of the 
        Social Security Act (42 U.S.C. 1395eee(f)(3), 1396u-4(f)(3)) 
        are each amended by adding at the end the following new 
        subparagraph:
                    ``(C) Revision of certain marketing requirements.--
                            ``(i) Permissible commencement of 
                        marketing.--
                                    ``(I) In general.--A specified PACE 
                                program (as defined in subclause (II)) 
                                that submits a complete application to 
                                the Secretary (as determined under 
                                section 460.20 of title 42, Code of 
                                Federal Regulations, or any successor 
                                regulation) for any of the purposes 
                                described in subclause (III) may 
                                conduct marketing activities with 
                                respect to prospective PACE program 
                                eligible individuals, such as making 
                                available marketing materials that have 
                                been conditionally approved by the 
                                Secretary, on or after the date the 
                                specified PACE program submits such 
                                complete application.
                                    ``(II) Specified pace program 
                                defined.--In this subparagraph, the 
                                term `specified PACE program' means a 
                                PACE program, and includes an entity 
                                that submits an application to CMS for 
                                approval as a PACE program.
                                    ``(III) Application purposes 
                                described.--For purposes of subclause 
                                (I), an application described in such 
                                subclause may be submitted for any of 
                                the following purposes:
                                            ``(aa) For an entity 
                                        seeking approval from the 
                                        Secretary as a PACE program.
                                            ``(bb) For a PACE program 
                                        seeking to expand its service 
                                        area.
                                            ``(cc) For a PACE program 
                                        seeking to add a new PACE 
                                        center.
                                            ``(dd) For a PACE program 
                                        seeking to expand its service 
                                        area and to add a new PACE 
                                        center.
                            ``(ii) Marketing activities.--A specified 
                        PACE program may use marketing practices 
                        described in section 460.82(e)(5) of title 42, 
                        Code of Federal Regulations, as in effect on 
                        June 1, 2025.''.
            (2) Conforming repeal.--Section 460.82(e)(5) of title 42, 
        Code of Federal Regulations, is repealed and shall have no 
        force or effect in law.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to marketing activities under section 1894 or 1934 
of the Social Security Act (42 U.S.C. 1395eee; 1396u-4) conducted on or 
after the date that is 180 days after the date of the enactment of this 
Act.

SEC. 6. REPEAL OF OUTDATED AND BURDENSOME NUMERICAL LIMITATION.

    (a) Medicare.--Section 1894 of the Social Security Act (42 U.S.C. 
1395eee) is amended--
            (1) in subsection (e), by striking paragraph (1) and 
        inserting the following:
            ``(1) Requirement.--The Secretary, in close cooperation 
        with the State administering agency, shall establish procedures 
        for entering into, extending, and terminating PACE program 
        agreements for the operation of PACE programs by entities that 
        meet the requirements for a PACE provider under this section, 
        section 1934, and regulations.''; and
            (2) in subsection (h), by striking paragraph (2) and 
        inserting the following:
            ``(2) Similar terms and conditions.--Except as provided 
        under paragraph (1), the terms and conditions for operation of 
        a PACE program by a provider under this subsection shall be the 
        same as those for PACE providers that are nonprofit, private 
        organizations.''.
    (b) Medicaid.--Section 1934 of the Social Security Act (42 U.S.C. 
1396u-4) is amended--
            (1) in subsection (e), by striking paragraph (1) and 
        inserting the following:
            ``(1) Requirement.--The Secretary, in close cooperation 
        with the State administering agency, shall establish procedures 
        for entering into, extending, and terminating PACE program 
        agreements for the operation of PACE programs by entities that 
        meet the requirements for a PACE provider under this section, 
        section 1894, and regulations.''; and
            (2) in subsection (h), by striking paragraph (2) and 
        inserting the following:
            ``(2) Similar terms and conditions.--Except as provided 
        under paragraph (1), the terms and conditions for operation of 
        a PACE program by a provider under this subsection shall be the 
        same as those for PACE providers that are nonprofit, private 
        organizations.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.
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