A Prescription for Healthier Businesses

The Jan. 28 article, “Costs Make Employers See Smokers as a Drag,” touches on significant problems that are affecting soaring healthcare costs for employers and employees.

Unfortunately, it does not point out that there are realistic solutions of which the government is aware but is not willing to address.

Essentially, the nondiscrimination provisions in the Health Insurance Portability and Accountability Act of 1996 favor large firms. The act says that an individual “cannot be denied eligibility for benefits or charged a higher premium based on a health factor.”

However, in effect this can be circumvented if an employer establishes a bona fide wellness program.

According to Department of Labor regulations, “The requirements

An employer may offer a premium differential between smokers and nonsmokers under a bona fide wellness program.

A 2003 Department of Health and Human Services analysis, titled “Prevention Makes Common ‘Cents,’ ” goes into extensive detail about the savings to American businesses that institute such programs, which as a practical matter only very large firms can establish.

We need to create a level playing field and let employers and employees of smaller businesses participate so that they too can see that behavioral changes on their part most likely will result in financial and healthier lifestyle benefits.

M. Lloyd Baum

Los Angeles