
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC12201]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
    CHAPTER 126--EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES
 
                 SUBCHAPTER IV--MISCELLANEOUS PROVISIONS
 
Sec. 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.
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    \1\ So in original. Probably should be ``subchapters''.
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(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.

(Pub. L. 101-336, title V, Sec. 501, July 26, 1990, 104 Stat. 369.)

                       References in Text

    This chapter, referred to in text, was in the original ``this Act'', 
meaning Pub. L. 101-336, July 26, 1990, 104 Stat. 327, which is 
classified principally to this chapter. For complete classification of 
this Act to the Code, see Short Title note set out under section 12101 
of this title and Tables.
    The Rehabilitation Act of 1973, referred to in subsec. (a), is Pub. 
L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended. Title V of the 
Rehabilitation Act of 1973 is classified generally to subchapter V 
(Sec. 790 et seq.) of chapter 16 of Title 29, Labor. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 701 of Title 29 and Tables.
    Title IV of this Act, referred to in subsec. (c), means title IV of 
Pub. L. 101-336, July 26, 1990, 104 Stat. 366, which enacted section 225 
of Title 47, Telegraphs, Telephones, and Radiotelegraphs, and amended 
sections 152, 221, and 611 of Title 47.

                  Section Referred to in Other Sections

    This section is referred to in title 29 sections 791, 793, 794.
