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Healthcare reform may affect employees who smoke

The recently upheld Patient Protection and Affordable Care Act healthcare reform law may have an impact on the way employers select workers in the future. Because health insurance must be provided to employees, no matter how high-risk they are, job applicants who engage in unhealthy lifestyles may appear less attractive to employers. Many states have made the practice of penalizing workers who smoke illegal.

Law.com reported under certain group health insurance plans providers can charge up to 50 percent more for coverage of smoker participants, making the group policy less affordable for employers. Because smoking, or other unhealthy habits such as obesity, can have a significant effect on the overall health and wellness of the employee, many employers are considering adjusting their hiring practices or investing in wellness operations to improve staff insurability levels. 

Many cities and some states have gone so far as to ban smoking in public areas to further encourage people to quit smoking, and employers are no exception to using force to promote healthy choices. In Indiana, for example, many employers are opting to charge employees who smoke higher rates for their health insurance coverage, despite backlash from labor union leaders. In response to the practices, the AFL-CIO has warned employers against punishing employees who smoke, as the act will destroy the concept of group health insurance coverage by singling a few participants, Live Insurance News reported.

National Insurance Services is not a law firm and no opinion, suggestion, or recommendation of the firm or its employees shall constitute legal advice. Readers are advised to consult with their own attorney for a determination of their legal rights, responsibilities and liabilities, including the interpretation of any statute or regulation, or its application to the readers’ business activities.

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Valerie Ortiz

Valerie Ortiz

Over the past 20 years, Valerie Ortiz has worn many hats at National Insurance Services. She currently heads up NIS’ Marketing Team where she helps to create and execute employee benefit communications based upon our public sector clients’ needs. Valerie brings order to the chaos and has a zeal for detail and a talent for organization.