1
00:00:00,200 --> 00:00:00,965
Question 39.

2
00:00:00,965 --> 00:00:04,023
What were the written
rules for adding, refusing,

3
00:00:04,023 --> 00:00:07,081
suspending, or removing a
provider from the directory?

4
00:00:07,081 --> 00:00:10,139
The 2023 report raises
a concern, not a

5
00:00:10,139 --> 00:00:10,522
finding.

6
00:00:10,522 --> 00:00:11,286
People served:

7
00:00:11,286 --> 00:00:13,580
Choice must be meaningful
and accessible;

8
00:00:13,580 --> 00:00:16,638
a hidden or unusable directory
may require regulatory

9
00:00:16,638 --> 00:00:17,785
and disability-access review.

10
00:00:17,785 --> 00:00:18,550
David Medeiros:

11
00:00:18,550 --> 00:00:21,226
Requests, complaints, and
public-record activity may be

12
00:00:21,226 --> 00:00:24,284
protected, but retaliation
and access each use different

13
00:00:24,284 --> 00:00:25,049
legal tests.

14
00:00:25,049 --> 00:00:25,813
ABI Resources:

15
00:00:25,813 --> 00:00:28,872
Directory inclusion may involve
program or contract rules,

16
00:00:28,872 --> 00:00:31,548
not an automatic constitutional
entitlement to business.

17
00:00:31,548 --> 00:00:33,459
Constitutional claims
need state action;

18
00:00:33,459 --> 00:00:36,517
beneficiary choice does not
guarantee ABI referrals or

19
00:00:36,517 --> 00:00:37,282
a contract.

20
00:00:37,282 --> 00:00:39,958
Classify the issue
before choosing a remedy.

21
00:00:39,958 --> 00:00:43,016
Preserve directory versions, change
logs, eligibility rules, access

22
00:00:43,016 --> 00:00:45,692
tests, notices, and provider
lists actually shown.

23
00:00:45,692 --> 00:00:48,368
Apply Constitution, statute,
regulation, contract, then record.