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42 U.S. Code § 1395cc-2. Provisions for administration of demonstration program
(a) General administrative authority
(1) Beneficiary eligibilityExcept as otherwise provided by the Secretary, an individual shall only be eligible to receive benefits under the program under section 1395cc–1 of this title (in this section referred to as the “demonstration program”) if such individual—
(A)
is enrolled under the program under part B and entitled to benefits under part A; and
(B)
is not enrolled in a Medicare+Choice plan under part C, an eligible organization under a contract under section 1395mm of this title (or a similar organization operating under a demonstration project authority), an organization with an agreement under section 1395l(a)(1)(A) of this title, or a PACE program under section 1395eee of this title.
(2) Secretary’s discretion as to scope of programThe Secretary may limit the implementation of the demonstration program to—
(A)
a geographic area (or areas) that the Secretary designates for purposes of the program, based upon such criteria as the Secretary finds appropriate;
(B)
a subgroup (or subgroups) of beneficiaries or individuals and entities furnishing items or services (otherwise eligible to participate in the program), selected on the basis of the number of such participants that the Secretary finds consistent with the effective and efficient implementation of the program;
(C)
an element (or elements) of the program that the Secretary determines to be suitable for implementation; or
(D)
any combination of any of the limits described in subparagraphs (A) through (C).
(3) Voluntary receipt of items and services
Items and services shall be furnished to an individual under the demonstration program only at the individual’s election.
(4) Agreements
The Secretary is authorized to enter into agreements with individuals and entities to furnish health care items and services to beneficiaries under the demonstration program.
(5) Program standards and criteria
The Secretary shall establish performance standards for the demonstration program including, as applicable, standards for quality of health care items and services, cost-effectiveness, beneficiary satisfaction, and such other factors as the Secretary finds appropriate. The eligibility of individuals or entities for the initial award, continuation, and renewal of agreements to provide health care items and services under the program shall be conditioned, at a minimum, on performance that meets or exceeds such standards.