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Conflict Free Access and Planning
The 2014 Home and Community-Based Services (HCBS) final rule established requirements for conflict-free case management for beneficiaries obtaining HCBS.
To be compliant with 2014 HBCS Final Rule, Michigan’s HCBS providers, including CMHSPs in their role as provider, may not offer both service planning and direct services to the same beneficiary.
MDHHS has chosen to leverage the option of allowing for “only-willing-and-qualified” providers (OWQP) to provide direct services and perform assessment/plans of care in a geographical area.
OWQP are providers granted the designation through MDHHS approval. OWQPs must implement additional protections against conflict of interest and receive additional MDHHS oversight. In addition to other requirements that will be shared at a future date, OWQP designees must be located in a rural or critical access county as identified in § 422.116(c). As of January 2025, the following counties meet the rural and critical access criteria:
Alcona Alger Antrim Arenac Baraga Cheboygan Chippewa Crawford Delta Dickinson Gogebic Houghton |
Huron Iosco Iron Kalkaska Keweenaw Lake Luce Mackinac Manistee Menominee Missaukee Montmorency |
Oceana Ogemaw Ontonagon Osceola Oscoda Otsego Presque Isle Roscommon Sanilac Schoolcraft |
MDHHS will define additional requirements and technical details, including an implementation timeline.
If you have questions or concerns regarding Conflict-Free Access and Planning, please send an email to mdhhs-conflictfreeaccess@michigan.gov.
The Conflict-Free Access and Planning (CFA&P) workgroup serves to support MDHHS in creating new policies to protect beneficiary choice in behavioral health service delivery. The Conflict-Free Access and Planning workgroup includes representatives from MDHHS, PIHPs, CMHSPs and advocacy members.
Dana J. Moore
Specialist, Division of Adult Home and Community Based Services