---
kind: "section"
citation: "40 C.F.R. § 5.440"
title: "40"
number: "5.440"
heading: "Health and insurance benefits and services."
url: "https://uscodex.org/cfr/40/5.440"
---

# §5.440. Health and insurance benefits and services.


Subject to [§ 5.235(d)](/cfr/40/5.235.md?p=d), in providing a medical, hospital, accident, or life insurance benefit, service, policy, or plan to any of its students, a recipient shall not discriminate on the basis of sex, or provide such benefit, service, policy, or plan in a manner that would violate [§§ 5.500 through 5.550](/cfr/40/5.500..5.550.md) if it were provided to employees of the recipient. This section shall not prohibit a recipient from providing any benefit or service that may be used by a different proportion of students of one sex than of the other, including family planning services. However, any recipient that provides full coverage health service shall provide gynecological care.


## Notes

### Authority

Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.

### Source

Source: 65 FR 52865, 52890, Aug. 30, 2000, unless otherwise noted.