; (9) a failure to implement a formal procedure and a mechanism to ensure that— (A) individuals with LTSS disabilities are offered the alternative of community-based long-term services and supports prior to institutionalization; and (B) if selected by an individual with an LTSS disability, the community-based long-term services and supports described in subparagraph (A) are provided; (10) a failure to ensure that each institutionalized individual with an LTSS disability is regularly notified of the alternative of community-based long-term services and supports and that those community-based long-term services and supports are provided if the individual with an LTSS disability selects such services and supports; and (11) a failure to make a reasonable modification in a policy, practice, or procedure, when such modification is necessary to allow an individual with an LTSS disability to receive a community-based long-term service or support. (c) Additional prohibition For purposes of this Act, discrimination by a public entity also includes a failure to ensure that there is sufficient availability of affordable, accessible, and integrated housing to allow an individual with an LTSS disability to choose to live in the community and lead an independent life, including the availability of an option to live in housing where the receipt of LTSS is not tied to tenancy. (d) Construction Nothing in this section— (1) shall be construed— (A) to prevent a public entity or LTSS insurance provider from providing community-based long-term services and supports at a level that is greater than the level that is required by this section; or (B) to limit the rights of an individual with a disability under any provision of law other than this section