1
00:00:00,200 --> 00:00:01,008
Question 11.

2
00:00:01,008 --> 00:00:04,238
What exact written criteria
controlled ABI Waiver referrals

3
00:00:04,238 --> 00:00:07,064
in 2023, and were
those criteria public?

4
00:00:07,064 --> 00:00:10,295
The 2023 report raises
a concern, not a

5
00:00:10,295 --> 00:00:10,699
finding.

6
00:00:10,699 --> 00:00:11,506
People served:

7
00:00:11,506 --> 00:00:13,929
A beneficiary may have
informed-choice, accessible-notice,

8
00:00:13,929 --> 00:00:16,756
hearing, and qualified-provider
protections, subject to program

9
00:00:16,756 --> 00:00:17,159
limits.

10
00:00:17,159 --> 00:00:17,967
David Medeiros:

11
00:00:17,967 --> 00:00:21,197
Reporting possible steering
can be protected speech or

12
00:00:21,197 --> 00:00:24,428
statutory activity only if
each required element is

13
00:00:24,428 --> 00:00:24,831
proved.

14
00:00:24,831 --> 00:00:25,639
ABI Resources:

15
00:00:25,639 --> 00:00:28,869
Beneficiary choice does not
give ABI a constitutional

16
00:00:28,869 --> 00:00:32,100
right to referrals,
volume, renewal, or a state

17
00:00:32,100 --> 00:00:32,504
contract.

18
00:00:32,504 --> 00:00:34,522
Constitutional claims
need state action;

19
00:00:34,522 --> 00:00:37,753
beneficiary choice does not
guarantee ABI referrals or

20
00:00:37,753 --> 00:00:38,560
a contract.

21
00:00:38,560 --> 00:00:41,387
Classify the issue
before choosing a remedy.

22
00:00:41,387 --> 00:00:44,617
Preserve the full referral
ledger, provider options shown,

23
00:00:44,617 --> 00:00:46,636
reasons, dates,
decision-makers, and outcomes.

24
00:00:46,636 --> 00:00:49,463
Apply Constitution, statute,
regulation, contract, then record.