Health insurance: Can we charge smokers an extra $20 per month?

Q. We are in the process of introducing a wellness program in which people who do not smoke are able to pay $20 per week less than those who do. We will continue to provide individual coaching for those that do smoke, including voluntary participation in Aetna's HealthyRoads Quit and Fit Program with up to six weeks of nicotine replacement therapy at no cost to the employee. No one will be threatened with termination or discipline if they smoke. Do we have to offer the reduction in the premium to those who are in the process of attempting to quit using the Aetna program or do we have to wait for results? What about the perpetual nicotine user who just can’t quit and h as doctor certification of such? Appreciate any guidance. – Terry, N.J.