Texas Human Resources Code

§ 32.053 — PROGRAM OF ALL-INCLUSIVE CARE FOR THE ELDERLY (PACE)

HR § 32.053Title 2. HUMAN SERVICES AND PROTECTIVE SERVICES IN GENERAL · Part C. ASSISTANCE PROGRAMS · Ch. 32. MEDICAL ASSISTANCE PROGRAM · Art. B. ADMINISTRATIVE PROVISIONS

Statute text

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(a)The commission, as an integral part of the medical assistance program, shall develop and implement a program of all-inclusive care for the elderly (PACE) in accordance with Section 4802 of the Balanced Budget Act of 1997 (Pub. L. No. 105-33), as amended. The commission shall provide medical assistance to a participant in the PACE program in the manner and to the extent authorized by federal law.

(b)The executive commissioner shall adopt rules as necessary to implement this section. In adopting rules, the executive commissioner shall:

(1)use the Bienvivir Senior Health Services of El Paso initiative as a model for the program;

(2)ensure that a person is not required to hold a certificate of authority as a health maintenance organization under Chapter 843, Insurance Code, to provide services under the PACE program;

(3)ensure that participation in the PACE program is available as an alternative to enrollment in a Medicaid managed care plan under Chapter 540, Government Code, for eligible recipients, including recipients eligible for assistance under both the medical assistance and Medicare programs;

(4)ensure that managed care organizations that contract under Chapter 540, Government Code, consider the availability of the PACE program when considering whether to refer a recipient to a nursing facility or other long-term care facility; and

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Legislative history

Acts 2011, 82nd Leg., R.S., Ch. 1168 (H.B. 2903), Sec. 1, eff. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. 1310 (S.B. 7), Sec. 6.08, eff. September 1, 2013. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.128, eff. April 2, 2015. Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.85, eff. April 1, 2025.