Can a plan provide a premium differential between smokers and nonsmokers?
The plan is offering a reward based on an individuals ability to stop smoking. Medical evidence suggests that smoking may be related to a health factor. The Diagnostic and Statistical Manual of Mental Disorders, which states that nicotine addiction is a medical condition, supports that position. In addition, a report of the Surgeon General adds that scientists in the field of drug addiction agree that nicotine, a substance common to all forms of tobacco, is a powerfully addictive drug. For a group health plan to maintain a premium differential between smokers and nonsmokers and not be considered discriminatory, the plans nonsmoking program would need to meet the five requirements for wellness programs that require satisfaction of a standard related to a health factor.
