TITLE 42 - THE PUBLIC HEALTH
AND WELFARE
CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH
DISABILITIES
SUBCHAPTER IV - MISCELLANEOUS PROVISIONS
42 U.S.C. Section 12201.
Construction
(a) In general
Except as otherwise provided in this chapter, nothing in this
chapter shall be construed to apply a lesser
standard than the
standards applied under title V of the Rehabilitation Act of
1973
(29 U.S.C. 790 et seq.) or the regulations issued by Federal
agencies pursuant to such title.
(b) Relationship to other laws
Nothing in this chapter shall be construed to invalidate or
limit
the remedies, rights, and procedures of any Federal law or law
of
any State or political subdivision of any State or jurisdiction
that provides greater or equal protection for the rights of
individuals with disabilities than are afforded by this chapter.
Nothing in this chapter shall be construed to preclude the
prohibition of, or the imposition of restrictions on, smoking in
places of employment covered by subchapter I of this chapter, in
transportation covered by subchapter II or III of this chapter,
or
in places of public accommodation covered by subchapter III of
this
chapter.
(c) Insurance
Subchapters I through III of this chapter and title IV of this
Act shall not be construed to prohibit or restrict -
(1) an insurer, hospital or medical service company, health
maintenance organization, or any agent, or entity that
administers benefit plans, or similar organizations from
underwriting risks, classifying risks, or administering such
risks that are based on or not inconsistent with State law; or
(2) a person or organization covered by this
chapter from
establishing, sponsoring, observing or administering the terms
of
a bona fide benefit plan that are based on
underwriting risks,
classifying risks, or administering such risks that are based on
or not inconsistent with State law; or
(3) a person or organization covered by this
chapter from
establishing, sponsoring, observing or administering the terms
of
a bona fide benefit plan that is not subject to
State laws that
regulate insurance.
Paragraphs (1), (2), and (3)
shall not be used as a subterfuge to
evade the purposes of subchapter I and III of this chapter.
(d) Accommodations and services
Nothing in this chapter shall be construed to require an
individual with a disability to accept an
accommodation, aid,
service, opportunity, or benefit which such individual chooses
not
to accept.
-SOURCE-
(Pub. L. 101-336, title V, Sec. 501, July 26, 1990, 104 Stat.
369.)
