42 USC 12201 - Construction

U.S Code last checked for updates: Nov 26, 2024

§ 12201.

Construction

(a)

In general

(b)

Relationship to other laws

(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

 So in original. Probably should be “subchapters”.

I and III.

(d)

Accommodations and services

(e)

Benefits under State worker’s compensation laws

(f)

Fundamental alteration

(g)

Claims of no disability

(h)

Reasonable accommodations and modifications

(Pub. L. 101–336, title V, § 501, July 26, 1990, 104 Stat. 369; Pub. L. 110–325, § 6(a)(1), Sept. 25, 2008, 122 Stat. 3557.)

cite as: 42 USC 12201