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.