42 U.S.C. § 12201 : US Code - Section 12201: Construction

Search 42 U.S.C. § 12201 : US Code - 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 (!1) 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.