Find & Ask › Montana › this rule

ARM 37.40.1125 — Agency-Based and Self-Directed Personal Assistance Services: Conflict-of-Interest Criteria

MontanaregulationMontana Department of Public Health and Human Services· effective 2014-12-25

What this rule requires your agency to do

  • 1Such a person cannot be employed as a direct-care worker at the agency ((1)(e)).(ARM 37.40.1125 — Agency-Based and Self-Directed Personal Assistance Services: Conflict-of-Interest Criteria)
  • 2Such a person cannot have a majority ownership stake in the agency ((1)(f)).(ARM 37.40.1125 — Agency-Based and Self-Directed Personal Assistance Services: Conflict-of-Interest Criteria)
  • 3Such a person cannot benefit financially from the provision of assessed need for services ((1)(d)).(ARM 37.40.1125 — Agency-Based and Self-Directed Personal Assistance Services: Conflict-of-Interest Criteria)
  • 4A person performing the duties of agency-based nurse supervisor, self-directed program oversight staff, or PAS person-centered plan facilitator cannot be related by blood or marriage to the member or to any paid caregiver for the member ((1)(a)).(ARM 37.40.1125 — Agency-Based and Self-Directed Personal Assistance Services: Conflict-of-Interest Criteria)
  • 5Such a person cannot have authority to make financial or health-related decisions on behalf of the member ((1)(c)).(ARM 37.40.1125 — Agency-Based and Self-Directed Personal Assistance Services: Conflict-of-Interest Criteria)
  • 6Such a person cannot be financially responsible to the member ((1)(b)).(ARM 37.40.1125 — Agency-Based and Self-Directed Personal Assistance Services: Conflict-of-Interest Criteria)

Applies to: personal care

Establishes conflict-of-interest disqualifications for persons performing the roles of agency-based nurse supervisor, self-directed program oversight staff, or PAS person-centered plan facilitator. Prohibits such persons from being related to or financially entangled with the member, holding decision-making authority over the member, or having an ownership/direct-care role that would compromise independence. Framework topic: Conflict-Free Case Management / Assessment Independence.

Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.