---
kind: "section"
citation: "42 C.F.R. § 460.62"
title: "42"
number: "460.62"
heading: "Governing body."
url: "https://uscodex.org/cfr/42/460.62"
---

# §460.62. Governing body.

- (a) **Governing body.** A PACE organization must be operating under the control of an identifiable governing body (for example, a board of directors) or a designated person functioning as a governing body with full legal authority and responsibility for the following:
  - (1) **Governance and operation of the organization.**
  - (2) **Development of policies consistent with the mission.**
  - (3) **Management and provision of all services, including the management of contractors.**
  - (4) Establishment of personnel policies that address adequate notice of termination by employees or contractors with direct patient care responsibilities.
  - (5) **Fiscal operations.**
  - (6) Development of policies on participant health and safety, including a comprehensive, systemic operational plan to ensure the health and safety of participants.
  - (7) A quality improvement program as described in [§ 460.130](/cfr/42/460.130.md).
- (b) **Participant advisory committee.**
  - (1) A PACE organization must establish a participant advisory committee to provide advice to the governing body on matters of concern to participants. Participants and representatives of participants must constitute a majority of the membership of this committee.
  - (2) The participant advisory committee must provide the liaison to the governing body with meeting minutes that include participant issues.
- (c) **Participant representation on the governing body.**
  - (1) A PACE organization must ensure participant representation on issues related to participant care. This shall be achieved by having a participant representative on the governing body.
  - (2) The participant representative is a liaison of the participant advisory committee to the PACE organization governing body.
  - (3) **Duty of the participant representative.** The participant representative must present issues from the participant advisory committee to the governing body.

## Notes

### Amendments

[64 FR 66279, Nov. 24, 1999, as amended at 71 FR 71334, Dec. 8, 2006; 84 FR 25673, June 3, 2019]

### Authority

Authority: 42 U.S.C. 1302, 1395, 1395eee(f), and 1396u-4(f).

### Source

Source: 64 FR 66279, Nov. 24, 1999, unless otherwise noted.

### Amendments

[64 FR 66279, Nov. 24, 1999, as amended at 71 FR 71334, Dec. 8, 2006; 84 FR 25673, June 3, 2019]
