Pending review and implementation of the Conflict of Interest policy, the following guidance is being provided regarding mitigating identified conflicts of interest. The HCBS waivers state the following:
The home and community based services final rule prohibits providers of 1915(c) waiver services and those with an interest in or employed by a provider of HCBS services from developing the person-centered services. Since the individuals or entities responsible for person-centered plan development must be independent of the HCBS provider, a legal guardian, durable power of attorney, and other legally responsible individuals who receive payment for providing HCBS may not be responsible for development of the person-centered plan.