WEBVTT

00:00:00.200 --> 00:00:01.009
Question 78.

00:00:01.009 --> 00:00:04.247
Did leases or residency agreements
explicitly or implicitly

00:00:04.247 --> 00:00:07.080
condition tenancy on using
a particular provider?

00:00:07.080 --> 00:00:10.317
The 2023 report raises
a concern, not a

00:00:10.317 --> 00:00:10.722
finding.

00:00:10.722 --> 00:00:11.532
People served:

00:00:11.532 --> 00:00:14.769
HCBS protections address integrated
settings, privacy, dignity, autonomy,

00:00:14.769 --> 00:00:17.602
visitors, tenancy safeguards,
and freedom from coercion.

00:00:17.602 --> 00:00:18.411
David Medeiros:

00:00:18.411 --> 00:00:21.649
Helping a person resist coercion
may receive anti-retaliation

00:00:21.649 --> 00:00:23.673
protection under covered
disability-rights rules.

00:00:23.673 --> 00:00:24.482
ABI Resources:

00:00:24.482 --> 00:00:27.720
ABI may aid protected
rights, but actor coverage,

00:00:27.720 --> 00:00:30.957
state action, standing, and
remedy must be separately

00:00:30.957 --> 00:00:31.362
established.

00:00:31.362 --> 00:00:33.385
Constitutional claims
need state action;

00:00:33.385 --> 00:00:36.623
beneficiary choice does not
guarantee ABI referrals or

00:00:36.623 --> 00:00:37.432
a contract.

00:00:37.432 --> 00:00:40.265
Classify the issue
before choosing a remedy.

00:00:40.265 --> 00:00:43.098
Preserve leases, ownership, notices,
choice documents, restrictions,

00:00:43.098 --> 00:00:45.526
service changes, complaints,
and provider-change outcomes.

00:00:45.526 --> 00:00:48.359
Apply Constitution, statute,
regulation, contract, then record.