WASHINGTON - eTradeWire -- A memo sent to U.S. visa officers them to deny visas to applicants who are obese or have specific health conditions, but it does not apply the same logic to people who smoke.

This is illogical, and doesn't take advantage of a major potential cost saving, says public interest law professor John Banzhaf, "The Man Behind the Ban on Cigarette Commercials."

The memo says that "You must consider an applicant's health . . .  Certain medical conditions-including, but not limited to, cardiovascular diseases, respiratory diseases, cancers, diabetes, metabolic diseases, neurological diseases, and mental health conditions-can require hundreds of thousands of dollars' worth of care."

But, as Banzhaf pointed years ago, smoking is the biggest factor in controllable health-care costs.  He explained that, in a judicial proceeding in which both sides were able to present evidence, an impartial judge determined that each and every smokers imposes unnecessary additional costs of some $12,000 a year in 2010 dollars

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More recently, he noted that U.S. smokers impose costs of more than 6 trillion over 10 years, 2.4 trillion in overall health care expenses, and over $500 billion in Medicaid health care costs; far more than most of the other health conditions singled out in the visa memo.

Many would argue that it is unfair to discriminate against applicants who present health-cost risks they cannot control - e.g. cancers - and would therefore be barred from entry forever, while exempting smokers who can avoid any ban simply by quitting.

Applicants who are obese can also avoid the ban by slashing their weight, but in most cases this can take many months, even with modern weight loss drugs for those who can afford them.

Thus those who have to enter the U.S. promptly can do nothing which would permit them to enter.

But smokers can quit in just days if not weeks; depending on how long they have to avoid smoking to qualify for a visa.

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Including smokers in the visa rule would also be consistent with a directive from the nation's state health insurance commissioners that both smokers and the obese should bear the consequences of their behavior.

Adding smokers would also affect a far smaller percentage of applicants since those who are obese greatly outnumber those who smoke.

If the U.S. - despite many objections - is going to deny entry to people who are obese, fairness, logic, and the need to avoid astronomical and unnecessary health care expenses all require that we do the same for smokers, argues Banzhaf.

jbanzhaf3ATgmail.com   @profbanzhaf