* § 2999-u. Licensure. 1. The commissioner shall license an entity as a PACE organization if the entity:

1. (a) complies with the requirements of a PACE organization under applicable federal law and regulations;
2. (b) provides a facility or facilities at which primary care and other services are furnished to enrollees;
3. (c) provides an interdisciplinary team approach to care management, care delivery and care planning;
4. (d) complies with this article and regulations of the commissioner under this article; and
5. (e) enters into a PACE organization contract and agreement with CMS.

6. 2.

   1. (a) A PACE organization shall comply with applicable requirements of articles forty-four, thirty-six and twenty-eight of this chapter.
   2. (b) A PACE organization shall serve an approved geographic service area.
   3. (c) A PACE organization and its incorporators, directors, sponsors, stockholders and operators shall have the experience, competence, and standing in the community as to give reasonable assurance of their ability to operate the organization to provide a consistently high level of care for enrollees and comply with this article. A PACE organization shall demonstrate that where any incorporator, director, sponsor, stockholder or operator of the organization holds, or within the past seven years has held, a controlling interest or been a controlling person in an organization or facility licensed under this chapter, a consistently high level of care has been rendered in each such organization or facility.
   4. (d) A PACE organization shall meet requirements for financial solvency under paragraph (c) of subdivision one of section forty-four hundred three of this chapter, including a contingent reserve requirement which may, by regulations of the commissioner, be different from that required by that paragraph.
   5. (e) A PACE organization shall be deemed to be a health maintenance organization under article forty-four of this chapter, but solely for purposes of subdivision one of section sixty-five hundred twenty-seven of the education law.
7. 3. The commissioner shall establish a unified licensure process for PACE organizations that includes the applicable program requirements of this article. A license under this article shall require approval of the public health and health planning council. * NB Effective June 26, 2023