Employer contibutions for ins. coverage

[Guest fairlane]

Currently, our company asks that employees or their dependents who use tobacco products, pay a higher percentage for their insurance contributions. example: Single non-tobacco user pays $3.35 per week, Singer tobacoo-user pays $10.00 per week. With the implementation of the HIPPA rule, we heard through the "grapevine" that is now discrimatory. Please advise with any legal references. Thank you