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Stuff to know about . . . The ADA's "Most Integrated Setting" requirement Sec. 12132 of the Americans With Disabilities Act of 1990 says, ". . . no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity." The ADA prohibits the exclusion of an individual with a disability from participating in public programs or receiving public benefits by reason of the person's disability. Department of Justice regulations implementing this provision require that "a public entity shall administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities." The Department of Justice has also stressed that the "most integrated setting" standard applies to states, including state Medicaid programs. In July, 1998, Medicaid sent a formal letter to state Medicaid directors pointing this out. Read the letter In the letter, HCFA's Richardson pointed out that there had been legal challenges to the state's penchant for putting people in institututions. The Olmstead decision dealt with the "most integrated setting" issue as well. Other legal challenges are continuing. Read attorney Steve Gold's discussion Activists can push harder after Olmstead   Freedom Clearinghouse is a project of Free Hand Press, publisher of Mouth magazine. Website developed by Cliffwood Organic Works. Website hosted by DIMENET. | E-mail | Home |