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CMS conflict-free case management rule explained to Kansas committee; states must separate case management and service provision
Summary
A subject-matter speaker summarized the federal HCBS conflict-of-interest rules, and committee discussion focused on Kansas’ path to compliance, potential 'only willing and qualified provider' exceptions for rural areas, and the need for clear safeguards and oversight.
A subject-matter expert briefed the Kansas special committee on federal Home and Community-Based Services (HCBS) regulations that require separation of case management and direct service provision to prevent conflicts of interest. The speaker reviewed key regulatory citations, CMS guidance and examples from other states such as Vermont, Rhode Island, South Dakota, Alaska and Colorado.
The presenter told the committee that CMS’s HCBS final rule (effective March 17, 2014) requires that providers of HCBS or entities with an interest in providers not provide case management or develop a person-centered plan for the same individual, except where the state demonstrates that only a willing and qualified entity exists in a geographic area. The speaker said CMS expects states to provide documentation,…
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