---
kind: "section"
citation: "42 C.F.R. § 460.71"
title: "42"
number: "460.71"
heading: "Oversight of direct participant care."
url: "https://uscodex.org/cfr/42/460.71"
---

# §460.71. Oversight of direct participant care.

- (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.
  - (1) The PACE organization must provide each employee and all contracted staff with an orientation that includes, 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.
  - (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).
  - (3) The competency program must be evidenced as completed before performing participant care and on an ongoing basis by qualified professionals.
  - (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.
- (b) The PACE organization must develop a program to ensure that all staff furnishing direct participant care services meet the following requirements:
  - (1) Comply with any State or Federal requirements for direct patient care staff in their respective settings.
  - (2) Comply with the requirements of [§ 460.68(a)](/cfr/42/460.68.md?p=a) regarding persons with criminal convictions.
  - (3) **Have verified current certifications or licenses for their respective positions.**
  - (4) Be medically cleared for communicable diseases before engaging in direct participant contact as required under [§ 460.64(a)(5)](/cfr/42/460.64.md?p=a-5).
  - (5) **Have all immunizations up to date before engaging in direct participant contact.**
  - (6) **Have been oriented to the PACE program.**
  - (7) **Agree to abide by the philosophy, practices, and protocols of the PACE organization.**
- (c) The PACE organization must develop a training program for each personal care attendant to establish the individual's competency in furnishing personal care services and specialized skills associated with specific care needs of individual participants.
- (d) Personal care attendants must exhibit competency before performing personal care services independently.

## Notes

### Amendments

[67 FR 61505, Oct. 1, 2002, as amended at 71 FR 71335, Dec. 8, 2006; 81 FR 80562, Nov. 15, 2016; 83 FR 16756, Apr. 16, 2018; 84 FR 25674, June 3, 2019; 89 FR 30844, Apr. 23, 2024]

### 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

[67 FR 61505, Oct. 1, 2002, as amended at 71 FR 71335, Dec. 8, 2006; 81 FR 80562, Nov. 15, 2016; 83 FR 16756, Apr. 16, 2018; 84 FR 25674, June 3, 2019; 89 FR 30844, Apr. 23, 2024]