Jefferson County implements a program that subsidizes health insurance premiums for all non-smoking employees.
In order to be eligible for the subsidy and to determine whether employees are smokers, Jefferson County requires employee's personal physicians to submit an affidavit (a written statement signed and submitted under oath) evidencing that, upon physical evaluation, it does not appear that the employee is a smoker, that the employee maintains a reasonably healthy lifestyle and does not have any chronic illnesses or conditions of which the physician is aware.
Does this provision violate the ADA? Why or why not?