N.Y. Public Health Law 2999-Y – Regulations and applicable laws
§ 2999-y. Regulations and applicable laws. 1. The commissioner shall make regulations and take other actions reasonably necessary to implement this article, including the establishment of any rules and processes appropriate for the safe, efficient and orderly administration of the program and for the maintenance and revocation of licensure under this article.
2. (a) Licensure granted under this article may, in accordance with the approval by the commissioner, entitle the PACE organization to act in the capacity and perform the activities of a diagnostic and treatment center, home care services agency, health maintenance organization, or managed long term care plan for which licensure or certification is otherwise required under article twenty-eight, thirty-six, or forty-four of this chapter as applicable without such separate license or certification for purposes relating to the PACE.
(b) To the extent that a PACE organization is acting in the capacity or performing an activity for which licensure or certification is otherwise required under article twenty-eight, thirty-six, or forty-four of this chapter, the PACE organization shall comply with the applicable requirements of such articles and any applicable regulations adopted thereunder; except that where such requirements are inconsistent with the requirements of this article or regulations adopted by the commissioner under this article, the requirements of this article and such regulations shall apply.
3. The commissioner may apply for federal waivers under Medicaid or demonstration programs under Medicare relating to the PACE program, provided that the waiver or demonstration shall not diminish any right or benefit of enrollees under this article.