I think the FDA (panel) has just approved a BMI as low as 30 with at least one comorbitity, and a 35 with no comorbidities, for lap band surgery. The actual FDA is expected to soon follow. Usually when that happens, the insurance companies will have to agree to pay, but a lot would depend on your personal situation. Is you PCP involved? I have a BMI of 32 but have a couple of comorbidities, and since my PCP has known me forever and knows of my weight loss struggles, he agrees that Lap Band would be right for me and has referred me to a Bariatric Surgeon. Keep your chin up!