“ACA allows individual and small group health insurers to adjust premiums based on just four factors—geographic location, age, family size, and tobacco use. Tobacco users can be charged up to 50% more than people who don’t use tobacco. Although the text of the ACA includes a provision to allow higher premiums for tobacco users, it does not clarify exactly what constitutes tobacco use. But a subsequent rule issued by the Centers for Medicare and Medicaid Services defines tobacco use as the use of any tobacco product within the past six months with a frequency of at least four times per week. Since any tobacco product is counted, this includes e-cigarettes and vaping.”
ARTICLE LINK:
Health Insurance Surcharges for Tobacco Users: State and Federal Rules