"[U]nder Loper Bright, employers have greater freedom to question whether the HIPAA wellness regulations represent a reasonable interpretation of HIPAA's nondiscrimination regulations and may encourage judges to do the same.... [It] is not immediately clear that tobacco usage should be considered a health status, and we may see courts declining to defer to the agency's interpretation of health status.... [C]ourts may find that tobacco usage is a lifestyle choice -- not a health status -- and thus outside the reach of HIPAA's nondiscrimination protections."  MORE >>