WEBVTT

00:00:00.200 --> 00:00:00.979
Question 54.

00:00:00.979 --> 00:00:04.093
Did anyone track whether recommended
transitions benefited the

00:00:04.093 --> 00:00:07.207
participant, a provider, a
contractor, or the program...?

00:00:07.207 --> 00:00:10.321
The 2023 report raises
a concern, not a

00:00:10.321 --> 00:00:10.710
finding.

00:00:10.710 --> 00:00:11.489
People served:

00:00:11.489 --> 00:00:14.603
A covered service decision
may require informed choice,

00:00:14.603 --> 00:00:17.717
conflict safeguards, accessible
notice, and a fair hearing.

00:00:17.717 --> 00:00:18.496
David Medeiros:

00:00:18.496 --> 00:00:21.610
Questioning authority or transitions
may be protected advocacy,

00:00:21.610 --> 00:00:24.335
but government action and
causation remain essential.

00:00:24.335 --> 00:00:25.114
ABI Resources:

00:00:25.114 --> 00:00:28.228
ABI may enforce actual
contracts or process rights;

00:00:28.228 --> 00:00:31.342
it has no presumed
property right in referrals

00:00:31.342 --> 00:00:32.510
or waiver placement.

00:00:32.510 --> 00:00:34.456
Constitutional claims
need state action;

00:00:34.456 --> 00:00:37.570
beneficiary choice does not
guarantee ABI referrals or

00:00:37.570 --> 00:00:38.349
a contract.

00:00:38.349 --> 00:00:41.074
Classify the issue
before choosing a remedy.

00:00:41.074 --> 00:00:43.410
Preserve waiver terms, amendments,
authorizations, assessments,

00:00:43.410 --> 00:00:46.135
consultation notes, billing
codes, notices, and appeals.

00:00:46.135 --> 00:00:48.860
Apply Constitution, statute,
regulation, contract, then record.
