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The takeaway Thompson Coburn said in its blog that these types of cases are snowballing: Given the number of complaints being filed weekly at times daily it is highly possible that any group health plan that applies tobacco surcharges as discussed faces the possibility of a class action lawsuit. The law firm recommends that businesses consider reviewing their health plans to ensure that they comply with HIPAAs non-discrimination rules for wellness plans, which allow tobacco surcharges when applied properly, such as charging different premiums for workers who enroll in and adhere to a program thats focused on promoting health and preventing disease