The North Carolina State Health Plan (SHPNC) has reportedly approved fee increases for state employees who use tobacco or whose body mass index (BMI) qualifies them as obese. Under the new arrangement, private contractors hired by SHPNC will monitor workers’ weight and take saliva samples to test for cotinine, a nicotine derivative. The plan requires tobacco users to enroll in a more expensive insurance plan by July 2010, while members with a BMI exceeding 40 have until July 2011 to improve their overall health before seeing a cost increase.

According to SHPNC, these fees will help alleviate budget shortfalls that last year necessitated an emergency infusion of $250 million to cover claims. “Tobacco use and poor nutrition and inactivity are the leading causes of preventable deaths in our state,” an SHPNC spokesperson told reporters. “We need a healthy workforce in this state. We’re trying to encourage individuals to adopt healthy lifestyles.”

Meanwhile, the State Employees Association of North Carolina has criticized the changes as unnecessarily invasive and unlikely to bolster a health plan in need of restructuring. Opponents have also pointed to a lack of incentives for enrollment in health behavior or wellness programs. “It’s my understanding they’re talking about testing [for tobacco use] in the workplace which, to me, would create a hostile
environment,” one state employee was quoted as saying. “And it’s an invasion of privacy. This is America, the land of the free. I don’t think [body mass index] is a very good measure. I know some folks who have a high body mass index because they’re muscular.” See the Charlotte Observer, October 7, 2009; The Los Angeles Times, October 8, 2009.

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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