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Question 42.

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Were participants and families
affirmatively told where the

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directory was and how
to compare providers?

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The 2023 report raises
a concern, not a

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finding.

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People served:

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Choice must be meaningful
and accessible;

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a hidden or unusable directory
may require regulatory

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and disability-access review.

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David Medeiros:

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Requests, complaints, and
public-record activity may be

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protected, but retaliation
and access each use different

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legal tests.

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ABI Resources:

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Directory inclusion may involve
program or contract rules,

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not an automatic constitutional
entitlement to business.

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Constitutional claims
need state action;

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beneficiary choice does not
guarantee ABI referrals or

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a contract.

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Classify the issue
before choosing a remedy.

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Preserve directory versions, change
logs, eligibility rules, access

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tests, notices, and provider
lists actually shown.

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Apply Constitution, statute,
regulation, contract, then record.