State laws mandating or regulating mental health benefits

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How and to what extent the Access Board's guidelines are used with respect to the barrier removal requirement applicable to existing facilities under title III of the ADA and to the provision of program accessibility under title II of the ADA are solely within the discretion of the Department. The ADA broadly protects the rights of individuals with disabilities in employment, access to State and local government services, places of public accommodation, transportation, and other important areas of American life. For the purposes of this final rule, the Department will refer to ADA Chapter 1, ADA Chapter 2, and Chapters 3 through 10 of the 2004 ADA/ABA Guidelines as the 2004 ADAAG.

The ADA also requires the Department to develop regulations with respect to existing facilities subject to title II (subtitle A) and title III. Bush signed into law the ADA, a comprehensive civil rights law prohibiting discrimination on the basis of disability. This revised format is designed to eliminate unintended conflicts between the two sets of Federal accessibility standards and to minimize conflicts between the Federal regulations and the model codes that form the basis of many State and local building codes.

12186(c), but vests in the Attorney General sole responsibility for the promulgation of those standards that fall within the Department's jurisdiction and for enforcement of the regulations. Section 204(a) of the ADA directs the Attorney General to issue regulations implementing part A of title II but exempts matters within the scope of the authority of the Secretary of Transportation under section 223, 229, or 244. Chapters 3 through 10 provide uniform technical specifications for facilities subject to either the ADA or ABA.

ABA Chapter 1 and ABA Chapter 2 provide scoping requirements for facilities subject to the ABA (, facilities designed, built, altered, or leased with Federal funds).

In 1998, the Access Board added specific guidelines on State and local government facilities, 63 FR 2000 (Jan. In 2000, the Access Board added specific guidelines on play areas. In September of 2002, the Access Board set forth specific guidelines on recreational facilities. The Access Board received more than 2,500 comments from individuals with disabilities, affected industries, State and local governments, and others.

Title II extends the prohibition on discrimination established by section 504 of the Rehabilitation Act of 1973, as amended, 29 U. In 1994, the Access Board began the process of updating the 1991 ADAAG by establishing an advisory committee composed of members of the design and construction industry, the building code community, and State and local government entities, as well as individuals with disabilities. The Access Board released an interim draft of its guidelines to the public on April 2, 2002, 67 FR 15509, in order to provide an opportunity for entities with model codes to consider amendments that would promote further harmonization. By the date of its final publication on July 23, 2004, the 2004 ADA/ABA Guidelines had been the subject of extraordinary review and public participation.

On July 26, 1991, the Department issued rules implementing title II and title III, which are codified at 28 CFR part 35 (title II) and part 36 (title III).

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