Mark
OK I'm game. I'll give it no more than six months before litigation.
Scenario 1. Plaintiff sues because he/she is being penalized for his/her weight, yet plan refuses to cover exercise equipment prescribed by physician to assist in weight reduction as a medical device. Or plan refuses to pay for weight loss drugs despite clear implication that patient's weight is a grave health risk.
Scenario 2. Joe has modestly elevated cholesterol but desirably low blood pressure. He is being charged extra because of the former. Plan gives him no credit for his very good blood pressure even though it helps reduce his risk. He has two co-workers who are within the acceptable guidelines for both cholesterol and blood pressure even though their BP is higher than his. They pay nothing extra.
Both co-workers suffer heart attacks. Concerned about his health, Joe goes for a CAT scan of his coronary arteries at his own expense. The report comes back: his arteries are unusually clear for a man of his age--proof that for whatever reason, the high cholesterol isnt damaging his coronary arteries. Yet he is being penalized based on a simplistic formula to assess risk, while his co-workers, who are costing the Plan a fortune, are paying lower premiums than him.
You are absolutely right. The ambulance chasers are gonna have a field day with this one. The only problem is that in the end, guess who pays for their stupidity? Yup, you and me.