---
kind: "section"
citation: "42 C.F.R. § 460.94"
title: "42"
number: "460.94"
heading: "Required services for Medicare participants."
url: "https://uscodex.org/cfr/42/460.94"
---

# §460.94. Required services for Medicare participants.

- (a) Except for Medicare requirements that are waived for the PACE program, as specified in [paragraph (b)](#b) of this section, the PACE benefit package for Medicare participants must include the following services:
  - (1) **The scope of hospital insurance benefits described in part 409 of this chapter.**
  - (2) **The scope of supplemental medical insurance benefits described in part 410 of this chapter.**
- (b) **Waivers of Medicare coverage requirements.** The following Medicare requirements are waived for purposes of the PACE program and do not apply:
  - (1) **The provisions of subpart F of part 409 of this chapter that limit coverage of institutional services.**
  - (2) The provisions of subparts [G](/cfr/42/part409-subpartG.md) and [H](/cfr/42/part409-subpartH.md) of part 409 of this chapter, and parts [412](/cfr/42/part412.md) through [414](/cfr/42/part414.md) of this chapter that relate to payment for benefits.
  - (3) The provisions of subparts [D](/cfr/42/part409-subpartD.md) and [E](/cfr/42/part409-subpartE.md) of part 409 of this chapter that limit coverage of extended care services or home health services.
  - (4) The provisions of [subpart D of part 409](/cfr/42/part409-subpartD.md) of this chapter that impose a 3-day prior hospitalization requirement for coverage of extended care services.
  - (5) [Section 411.15(g)](/cfr/42/411.15.md?p=g) and [§ 411.15(k)](/cfr/42/411.15.md?p=k) of this chapter that may prevent payment for PACE program services that are provided to PACE participants.

## Notes

### Amendments

[64 FR 66279, Nov. 24, 1999, as amended at 71 FR 71335, Dec. 8, 2006]

### 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 71335, Dec. 8, 2006]