; and (B) is engaged in commerce or in an industry or activity affecting commerce. (11) Public entity (A) In general The term public entity means an entity that— (i) provides or funds institutional placements for individuals with LTSS disabilities; and (ii) is— (I) a State or local government; or (II) any department, agency, entity administering a special purpose district, or other instrumentality, of a State or local government. (B) Interstate commerce For purposes of subparagraph (A), a public entity shall be considered to be a person engaged in commerce or in an industry or activity affecting commerce. (b) Rule of construction Nothing in subsection (a)(2) or any other provision of this section shall be construed to preclude an individual with a disability from receiving community-based services and supports in an integrated community setting such as a grocery store, retail establishment, restaurant, bank, park, concert venue, theater, or workplace. 4. Discrimination (a) In general No public entity or LTSS insurance provider shall deny an individual with an LTSS disability who is eligible for institutional placement, or otherwise discriminate against that individual in the provision of, community-based long-term services and supports that enable the individual to live in the community and lead an independent life. (b) Specific prohibitions For purposes of this Act, discrimination by a public entity or LTSS insurance provider includes— (1) the imposition or application of eligibility criteria or another policy that prevents or tends to prevent an individual with an LTSS disability, or any class of individuals with LTSS disabilities, from receiving a community-based long-term service or support; (2) the imposition or application of a policy or other mechanism, such as a service or cost cap, that prevent or tends to prevent an individual with an LTSS disability, or any class of individuals with LTSS disabilities, from receiving a community-based long-term service or support