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(Judiciary report at 71-72.) The Act is not to be construed to mean that
an individual with disabilities must accept special accommodations and
services for individuals with disabilities when that individual chooses
to participate in the regular services already offered. Because medical
treatment, including treatment for particular conditions, is not a
special accommodation or service for individuals with disabilities under
section 501(d), neither the Act nor this part provides affirmative
authority to suspend such treatment. Section 501(d) is intended to
clarify that the Act is not designed to foster discrimination through
mandatory acceptance of special services when other alternatives are
provided; this concern does not reach to the provision of medical
treatment for the disabling condition itself.
Section 36.213 makes clear that the limitations contained in subpart
C are to be read into subpart B. Thus, the integration requirement is
subject to the various defenses contained in subpart C, such as safety,
if eligibility criteria are at issue (Sec. 36.301(b)), or fundamental
alteration and undue burden, if the concern is provision of auxiliary
aids (Sec. 36.303(a)).
(Code of Federal Regulations. Title 28, Volume 1. TITLE 28--JUDICIAL ADMINISTRATION. CHAPTER
I--DEPARTMENT OF JUSTICE. PART 36_NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC
ACCOMMODATIONS AND IN COMMERCIAL FACILITIES CITE: 28CFR36)
