Regulation detail

Pa. Code 5221.44

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Pa. Code 5221.44 active

Conflict of interest

Jurisdiction: PA Agency: Pennsylvania Department of Human Services (OMHSAS) and Department of Drug and Alcohol Programs (DDAP)
CMHC (60%) OUTPATIENT (60%)
Plain-English summary

This regulation governs conflict-of-interest requirements for agencies providing intensive case management (ICM) under Pennsylvania's mental health system. When an ICM provider also offers other mental health treatment, rehabilitation, or support services, the county administrator must ensure the agency does not restrict consumer choice, fully discloses its dual role, provides consumers with a listing of alternative service providers in the area, and documents that consumers have reviewed and understood this information.

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Regulation text
55 Pa. Code § 5221.44 - Conflict of interest 

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When an agency that provides intensive case management
 also provides other mental health treatment, rehabilitation or support
 services, the responsible county administrator shall ensure that the provider
 agency:

(1)
 Does not restrict the
 freedom of choice of the consumer, or parent, if the consumer is a child, of
 needed services and provider agencies when needed services, including case
 management, are available.

(2)
 Fully
 discloses the fact that the agency is or may be performing other direct
 services which could be obtained at another agency if the consumer so
 desires.

(3)
 Provides each consumer
 and parent, if the consumer is a child, a listing of mental health treatment,
 rehabilitation and support services available within a reasonable proximity to
 the consumer's home where needed services could be obtained and if the consumer
 or parent, if the consumer is a child, so desires, the case manager assists the
 consumer or parent in obtaining those services.

(4)
 Documents that the information in this
 section has been reviewed and understood by the consumer or parent, if the
 consumer is a child.

Notes

55

 Pa. Code §
 
5221.44

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