(a) An insurer, hospital, or medical service company, health
maintenance organization, or any agent or entity that administers
benefit plans, or similar organizations may underwrite risks, classify
risks, or administer such risks that are based on or not inconsistent
with State law.
(b) The contractor may establish, sponsor, observe or administer 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.
(c) The contractor may establish, sponsor, observe, or administer
the terms of a bona fide benefit plan that is not subject to State laws
that regulate insurance.
(d) The contractor may not deny a qualified individual with a
disability equal access to insurance or subject a qualified individual
with a disability to different terms or conditions of insurance based on
disability alone, if the disability does not pose increased risks.
(e) The activities described in paragraphs (a), (b) and (c) of this
section are permitted unless these activities are used as a subterfuge
to evade the purposes of this part.
