State of Wisconsin  \  DEPARTMENT OF HEALTH AND SOCIAL SERVICES

                                 DIVISION OF COMMUNITY SERVICES
                                           1 WEST WILSON STREET
                                                  P.O. BOX 7851
                                       MADISON, WISCONSIN 53707

April 8, 1992


John Wodatch, Director
Office on the Americans with Disabilities Act
U.S. Department of Justice
Washington, DC 20530


Dear Mr. Wodatch:

I have just concluded a telephone conversation with Operator #1 via the 
ADA Hotline on the subject of treatment of "social service 
establishments" under the Americans with Disabilities Act and the 
implementing regulation, 28 CFR Part 36. In particular we tried to 
determine the extent of ADA coverage in places where both housing and 
services are offered. I would like written confirmation of my 
understandings and, in addition, clarification of some other issues.

The simple cases defining "social service establishments" are 1) those 
places where services are not optional, e.g., group homes and other 
supported living arrangements, which unquestionably are covered by ADA, 
and 2) housing owned by a social services provider but where services 
are provided off-site, which are not subject to ADA. The not well 
defined situations include transitional housing where services are 
provided on-site. In such case DOJ's interpretations are that ADA 
applies to the area where social services are provided, and, at least 
until a court determines otherwise, separate living units are not 
covered by ADA. I would appreciate confirmation of these 
interpretations.

The implication of services being optional was not conclusively 
addressed, and I would also appreciate clarification on this. In 
addition, I note that in neither the Act nor 28 CFR Part 36 is "social 
services" defined, nor any distinction among medical services (e.g., 
those performed by a nurse or home health aide), personal care services 
(including assistance with activities of daily living), and social 
services, which include counseling, meals, recreation, and 
transportation, some of which would commonly be found in retirement 
housing for persons who are elderly. How would each type of service be 
treated under the Act? What services, per se, trigger ADA coverage and 
which ones, if any, do not? What level of services triggers the Act?


                                                                            
01-02246




I may be reached at 608-266-7797, if you wish to discuss these matters 
with me.


Sincerely yours,



Thomas Hirsch
Bureau of Long Term Support

01-02247