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The thing is, it's the employer companies who choose to charge the smokers, not the insurance companies. They can choose to not charge smokers more (or, more precisely, charge non-smokers less) and Obamacare will extend those options to charging people more for being overweight, as well. One major problem with having nearly 60% of people covered under employer-paid health insurance. Suddenly, employers have a much greater stake in what you do when you aren't even at work (and can make your life miserable for it) because they now have minimum coverage standards that will significantly increase costs.
Anyhow, employers need to be educated about the difference between the health risks of smoking and those (non-existent) health risks of smoke-free tobacco and nicotine use. ................................................................
We will soon be needing a whole new series of privacy laws (which I thought was already protected under the Constitution.) I'm all for good health and healthy choices. That's why I switched to vaping. But frankly, it is NONE OF MY EMPLOYER'S DAMN BUSINESS what I do when I am not clocked in, unless they also want to compensate me for my downtime (which WILL be EXTREMELY EXPENSIVE.). They want to monitor you non-stop, but they don't want to pay for anything. If they want to boss me around 24/7/365, I'm all for it, but they better come up with some large compensation. I can do just about anything, for the right price.