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Despite opposition from more than 50 health groups, the Finance Committee approved an amendment Wednesday allowing employers to increase premiums by up to 50 percent for people who engage in unhealthy behaviors.
That means smokers, obese individuals and others may face higher premiums if they do not participate in wellness programs.
Sen. John Ensign (R-Nev.) and Sen. Tom Carper (D-Del.) described their amendment as a common-sense measure aimed at providing a financial incentive for people to change unhealthy behaviors.
But opponents – which included four Democratic senators and groups such as the American Cancer Society, American Heart Association and the AFL-CIO – said it allows insurers and self-insured businesses to continue to base coverage decisions on pre-existing conditions, which the underlying bill would prohibit.
“While we appreciate the amendments’ intent to encourage healthy behaviors, we believe that allowing employers to vary premiums by up to 50 percent of the total cost of employee coverage could lead to discriminatory practices and make health coverage unaffordable for those who need it the most,” the groups wrote in a joint letter.
Currently, employers can vary premiums by 20 percent, the letter stated.
Sen. Mike Enzi (R-Wyo.) said the Health, Education, Labor and Pensions Committee adopted a similar bipartisan amendment by unanimous consent during its markup in July, but the language has since “unilaterally changed.”
“My colleagues were never consulted and the Democratic majority staff removed it,” Enzi said. “We had to discover it on our own. I hope it will get into this bill so it will be considered in a merged bill.”

