Will Alabama's "fat tax" be overturned prior to it's start date of 2010?

Alabama Plans to Tax Fat Employees to Recoup Insurance Costs
Tuesday, September 02, 2008

By Jana Winter

Being fat has long been blamed for conditions like diabetes, which can lead to heart, kidney and nerve diseases.
Alabama is rolling out a creative but controversial program that will subject its 37,527 state employees to possibly humiliating at-work weigh-ins and fat tests. If they tip the scales, they'll be given a choice: slim down or pay up.

The state is trying to solve two of its biggest problems — health insurance costs and obesity — in one fell swoop.

Beginning in 2010, Alabama, which has the second highest obesity rate in the country, will start charging all of its employees an extra $25 per month for health insurance. (Currently, single workers pay nothing; family plans cost $180 a month.)

But there's a way to avoid the fee: Get a check-up at an in-office "wellness center," where nurses will check for diabetes and hypertension and measure blood pressure, cholesterol, glucose levels and Body Mass Index (BMI).

The idea is to encourage employees to act responsibly, lose weight and lower their health care needs. But critics say it will humiliate and stigmatize obese employees and amounts to nothing short of a "fat tax."

A BMI test uses height and weigh measurements to calculate the percentage of body fat in adult males and females. Alabama is using a BMI threshold of 35 — 30 is considered obese, by most medical standards — to determine who doesn't have to pay the automatic $25 deduction.

Health practitioners often factor in skinfold (fat) and waist circumference measurements while calculating a patient's BMI.