1
00:00:00,200 --> 00:00:00,996
Question 52.

2
00:00:00,996 --> 00:00:04,182
What objective criteria supported
recommendations that Waiver I

3
00:00:04,182 --> 00:00:06,173
participants move to Waiver II?

4
00:00:06,173 --> 00:00:09,359
The 2023 report raises
a concern, not a

5
00:00:09,359 --> 00:00:09,757
finding.

6
00:00:09,757 --> 00:00:10,554
People served:

7
00:00:10,554 --> 00:00:13,740
A covered service decision
may require informed choice,

8
00:00:13,740 --> 00:00:16,925
conflict safeguards, accessible
notice, and a fair hearing.

9
00:00:16,925 --> 00:00:17,722
David Medeiros:

10
00:00:17,722 --> 00:00:20,908
Questioning authority or transitions
may be protected advocacy,

11
00:00:20,908 --> 00:00:23,695
but government action and
causation remain essential.

12
00:00:23,695 --> 00:00:24,492
ABI Resources:

13
00:00:24,492 --> 00:00:27,677
ABI may enforce actual
contracts or process rights;

14
00:00:27,677 --> 00:00:30,863
it has no presumed
property right in referrals

15
00:00:30,863 --> 00:00:32,058
or waiver placement.

16
00:00:32,058 --> 00:00:34,049
Constitutional claims
need state action;

17
00:00:34,049 --> 00:00:37,235
beneficiary choice does not
guarantee ABI referrals or

18
00:00:37,235 --> 00:00:38,031
a contract.

19
00:00:38,031 --> 00:00:40,819
Classify the issue
before choosing a remedy.

20
00:00:40,819 --> 00:00:43,208
Preserve waiver terms, amendments,
authorizations, assessments,

21
00:00:43,208 --> 00:00:45,996
consultation notes, billing
codes, notices, and appeals.

22
00:00:45,996 --> 00:00:48,783
Apply Constitution, statute,
regulation, contract, then record.