§4554. Construction
1.
Relationship to other laws.
Nothing in this Act may be construed to invalidate or limit the remedies, rights and procedures of any 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 Act. Nothing in this Act may be construed to preclude the prohibition of, or the imposition of restrictions on, smoking in places of employment covered by subchapter III or in transportation or places of public accommodation covered by subchapter V.
[PL 1995, c. 393, §9 (NEW).]
2.
Insurance.
Subchapters III and V of this Act may not be construed to prohibit or restrict, with regard to individuals with disabilities:
A.
An insurer, hospital, 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 risks that are based on or not inconsistent with state law;
[PL 1995, c. 393, §9 (NEW).]
B.
A person or organization covered by this Act from establishing, sponsoring, observing or administering the terms of a bona fide benefit plan that are based on underwriting risks, classifying risks or administering risks that are based on or not inconsistent with state law; or
[PL 1995, c. 393, §9 (NEW).]
C.
A person or organization covered by this Act from establishing, sponsoring, observing or administering the terms of a bona fide employee benefit plan that is not subject to state laws that regulate insurance.
[PL 1995, c. 393, §9 (NEW).]
Paragraphs A, B and C may not be used as a subterfuge to evade the requirements of subchapters III and V.
[PL 1995, c. 393, §9 (NEW).]
3.
Accommodations and services.
Nothing in this Act may be construed to require an individual with a disability to accept an accommodation, aid, service, opportunity or benefit that the individual chooses not to accept.
[PL 1995, c. 393, §9 (NEW).]
4.
Physical or mental disability.
The definition of "physical or mental disability" in section 4553‑A is intended to be interpreted broadly to create greater coverage than under the federal Americans with Disabilities Act of 1990.
[PL 2007, c. 385, §4 (NEW).]
SECTION HISTORY
PL 1995, c. 393, §9 (NEW). PL 2007, c. 385, §4 (AMD).