WEBVTT

00:00:00.200 --> 00:00:01.003
Question 38.

00:00:01.003 --> 00:00:04.214
Did the directory include
every enrolled, qualified, and

00:00:04.214 --> 00:00:05.017
available provider?

00:00:05.017 --> 00:00:08.228
The 2023 report raises
a concern, not a

00:00:08.228 --> 00:00:08.629
finding.

00:00:08.629 --> 00:00:09.432
People served:

00:00:09.432 --> 00:00:11.840
Choice must be meaningful
and accessible;

00:00:11.840 --> 00:00:15.051
a hidden or unusable directory
may require regulatory

00:00:15.051 --> 00:00:16.256
and disability-access review.

00:00:16.256 --> 00:00:17.058
David Medeiros:

00:00:17.058 --> 00:00:19.868
Requests, complaints, and
public-record activity may be

00:00:19.868 --> 00:00:23.079
protected, but retaliation
and access each use different

00:00:23.079 --> 00:00:23.882
legal tests.

00:00:23.882 --> 00:00:24.685
ABI Resources:

00:00:24.685 --> 00:00:27.896
Directory inclusion may involve
program or contract rules,

00:00:27.896 --> 00:00:30.706
not an automatic constitutional
entitlement to business.

00:00:30.706 --> 00:00:32.713
Constitutional claims
need state action;

00:00:32.713 --> 00:00:35.924
beneficiary choice does not
guarantee ABI referrals or

00:00:35.924 --> 00:00:36.727
a contract.

00:00:36.727 --> 00:00:39.536
Classify the issue
before choosing a remedy.

00:00:39.536 --> 00:00:42.747
Preserve directory versions, change
logs, eligibility rules, access

00:00:42.747 --> 00:00:45.557
tests, notices, and provider
lists actually shown.

00:00:45.557 --> 00:00:48.367
Apply Constitution, statute,
regulation, contract, then record.
