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Question 78.

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Did leases or residency agreements
explicitly or implicitly

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condition tenancy on using
a particular provider?

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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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HCBS protections address integrated
settings, privacy, dignity, autonomy,

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visitors, tenancy safeguards,
and freedom from coercion.

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David Medeiros:

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Helping a person resist coercion
may receive anti-retaliation

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protection under covered
disability-rights rules.

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ABI Resources:

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ABI may aid protected
rights, but actor coverage,

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state action, standing, and
remedy must be separately

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established.

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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 leases, ownership, notices,
choice documents, restrictions,

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service changes, complaints,
and provider-change outcomes.

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