Episode 279: Empowering Plans: P240 – Tobacco Surcharge Litigation Is Hitting a New Level

As a follow-up to this past January’s podcast episode on tobacco surcharges, new litigation has been filing and this time, it’s on a much larger scale. Humana is facing a class-action lawsuit, filed on March 17, 2026, alleging violations of the wellness program rules and fiduciary duties related to tobacco surcharge as part of a wellness program. Join attorneys Kelly Dempsey and Naga Vivekanandan as they compare this new suit to prior cases, and explain why this is different and what it could mean for future ligation and plans’ continuing struggles to comply with wellness program rules.