28 C.F.R. § 36.212

Insurance

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(a) This part 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 part 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 part from establishing, sponsoring, observing or administering the terms of a bona fide benefit plan that is not subject to State laws that regulate insurance.

(b) Paragraphs (a) (1), (2), and (3) of this section shall not be used as a subterfuge to evade the purposes of the Act or this part.

(c) A public accommodation shall not refuse to serve an individual with a disability because its insurance company conditions coverage or rates on the absence of individuals with disabilities.

Notes of Decisions

Cited in 4 cases, 1996–2002 · leading case: Parker v. Metro. Life Ins., 121 F.3d 1006 (6th Cir. 1997).

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Parker v. Metro. Life Ins., 121 F.3d 1006 (6th Cir. 1997). · cites it 3× “B at 630; see also 28 C.F.R. § 36.212 (1996). 6 While Title IV of *1013 the ADA, 42 U.”

Valjeanne Currie v. Grp. Ins. Comm'n, 290 F.3d 1 (1st Cir. 2002). “, at 676 (2001) (internal quotation marks omitted) (citing legislative history and discussing 28 C.F.R. § 36.212 (2000)). The GIC responds that the safe harbor does not require it to conduct actuarial studies to support its policies.”

Kotev v. First Colony Life Ins., 927 F. Supp. 1316 (C.D. Cal. 1996). “28 C.F.R. § 36.212 provides a safe harbor to insurers, similar to 42 U.”

Rogers v. Dep't of Health & Env't Control, 174 F.3d 431 (4th Cir. 1999). “See 28 C.F.R. § 36.212 (1998).We are not required to deal further with this issue because Rogers does not allege subterfuge in his complaint.”

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