Delta raising health premiums for unvaccinated by $200/month to cover Covid cost

Interesting, illegal under HIPAA rules but possible precedent under the Affordable Care Act?

With Obamacare:

> Although insurers can’t charge more for health status, they can charge up to 50% more for smoking status [1].

Under HIPAA:

> What are HIPAA's protections from discrimination?

> ... you may not be charged more than similarly situated individuals based on any health factors. [2]

Vaccines are a health status, I would think this move by Delta is illegal, but Covid Emergency Powers has given the green light for all types of discrimination and broken laws.

[1] https://obamacarefacts.com/obamacare-smokers/

[2] https://www.dol.gov/sites/dolgov/files/EBSA/about-ebsa/our-a...

Does the company have data showing that the average medical expenses of the unvaccinated (or the coworkers they could infect) are $200 higher on average? If not, the power of a company to dock wages by an arbitrary amount to incentivize behavior troubles me. The benefit of being vaccinated is less if one already had covid. Will people who had covid also be fined $200 for being unvaccinated?