Let people make all the bad choices they want, then let them live or die with the consequences. It's ridiculous to establish "free healthcare" programs, then pass laws further expanding government powers in order to protect the programs from fraud. The programs are fraudulent in and of themselves. It's particularly dishonest to use the existence of such unconstitutional programs as the justification for even more unconstitutional government action.
Regarding the supposed unconstitutionality of this action, it clearly is not. Unfortunately, the courts, (which decide these matters) have said it is legal. Rather than trying to interpret the constitution for ourselves, we need to elect legislators and officials, and get appointed judges who will move to ammend the COnstitution to outlaw such actions.