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In those states that regulate health insurance rates, among the things that are considered are the health risk factors that the insurer uses in establishing rates. Obesity is clearly a risk factor, in that it makes one more susceptible to other forms of illness and disease--such as Diabetes, heart conditions, and a wealth of others.

When an insurer wishes to get its rate approved by the state regulator, among the things that it submits in support of the planned rates are underwriting guidelines. Those guidelines outline the metes and bounds of the risks of the risks that the insurer is prepared to assume, on what terms, and the amount of premium (the "rate") that will be charged.

The rate is determined by actuaries, and has to be justified to other actuaries at insurance departments. If it can be shown that obesity creates a different risk classification for the insurer (that is, the insurer is placed at greater risk for paying claims), it is likely that the insurance regulator will permit the differentiation.

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