§ 2999-v. Eligibility and enrollment. 1. To be eligible to enroll in a
PACE organization, an individual shall:

(a) (i) be at least fifty-five years old;

(ii) meet the eligibility requirements for a nursing home level of
care;

(iii) reside within the PACE organization's approved service area;

(iv) be able to be maintained safely in the community-based setting
with the assistance of the PACE organization; and

(v) meet any additional program specific eligibility conditions
imposed under the PACE program agreement between the PACE organization,
the department, and CMS; or

(b) be otherwise eligible to participate in a PACE demonstration or
specialty program authorized by the federal PACE Innovation Act and
approved by the department and CMS.

2. Enrollment in a PACE organization shall be voluntary for the
eligible individual.