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  <FDSYS>
    <CFRTITLE>42</CFRTITLE>
    <CFRTITLETEXT>Public Health</CFRTITLETEXT>
    <VOL>4</VOL>
    <DATE>2006-10-01</DATE>
    <ORIGINALDATE>2006-10-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>Oversight of direct participant care.</TITLE>
    <GRANULENUM>460.71</GRANULENUM>
    <HEADING>Section 460.71</HEADING>
    <ANCESTORS>
      <PARENT HEADING="Title 42" SEQ="4">Public Health</PARENT>
      <PARENT HEADING="CHAPTER IV" SEQ="3">CENTERS FOR MEDICARE &amp; MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED)</PARENT>
      <PARENT HEADING="SUBCHAPTER E" SEQ="2">PROGRAMS OF ALL-INCLUSIVE CARE FOR THE ELDERLY (PACE)</PARENT>
      <PARENT HEADING="PART 460" SEQ="1">PROGRAMS OF ALL-INCLUSIVE CARE FOR THE ELDERLY (PACE)</PARENT>
      <PARENT HEADING="Subpart E" SEQ="0">PACE Administrative Requirements</PARENT>
    </ANCESTORS>
  </FDSYS>
  <SECTION>
    <SECTNO>§ 460.71</SECTNO>
    <SUBJECT>Oversight of direct participant care.</SUBJECT>
    <P>(a) The PACE organization must ensure that all employees and contracted staff furnishing care directly to participants demonstrate the skills necessary for performance of their position.</P>
    <P>(1) The PACE organization must provide each employee and all contracted staff with an orientation. The orientation must include at a minimum the organization's mission, philosophy, policies on participant rights, emergency plan, ethics, the PACE benefit, and any policies related to the job duties of specific staff.</P>
    <P>(2) The PACE organization must develop a competency evaluation program that identifies those skills, knowledge, and abilities that must be demonstrated by direct participant care staff (employees and contractors).</P>
    <P>(3) The competency program must be evidenced as completed before performing participant care and on an ongoing basis by qualified professionals.</P>
    <P>(4) The PACE organization must designate a staff member to oversee these activities for employees and work with the PACE contractor liaison to ensure compliance by contracted staff.</P>
    <P>(b) The PACE organization must develop a program to ensure that all staff furnishing direct participant care services meet the following requirements:</P>
    <P>(1) Comply with any State or Federal requirements for direct patient care staff in their respective settings.</P>

    <P>(2) Comply with the requirements of § 460.68(a) regarding persons with criminal convictions.<PRTPAGE P="437"/>
    </P>
    <P>(3) Have verified current certifications or licenses for their respective positions.</P>
    <P>(4) Are free of communicable diseases.</P>
    <P>(5) Have been oriented to the PACE program.</P>
    <P>(6) Agree to abide by the philosophy, practices, and protocols of the PACE organiztion.</P>
    <CITA>[67 FR 61505, Oct. 1, 2002]</CITA>
  </SECTION>
</CFRGRANULE>
