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Is Charging Smokers More for Healthcare Really Legal?
Fisher & Phillips LLP Link to more items from this source
Feb. 12, 2014
"Policies should be reviewed in light of requirements under the ACA, HIPAA, the ADA, ERISA, and state law.... [Consider] which tobacco products to target, and how 'tobacco use' is defined. For example, is some tobacco use permissible? What about a celebratory cigar? Some employers are choosing to include e-cigarettes in the list of prohibited products while others decide it's a healthier alternative to traditional cigarettes. And you'll need to decide which disciplinary measures to include in the policy for employees who misrepresent their tobacco use to attain the reward."

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