[Code of Federal Regulations]
[Title 41, Volume 1]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR60-741.25]

[Page 209]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
                           DEPARTMENT OF LABOR
 
PART 60-741_AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF 
 
                   Subpart B_Discrimination Prohibited
 
Sec. 60-741.25  Health insurance, life insurance and other benefit plans.

    (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.