Can You Get Health Insurance If You Smoke?

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   Marlin McKelvy

   President, Consumer Directed Benefit Solutions, Memphis, Tennessee

   Yes.  Being a tobacco user is about the only thing it is legal to discriminate against though under the Affordable Care Act so you may be assessed a tobacco use penalty, especially in the individual health insurance market but such penalties are becoming more common in the group market as well.  The law allows up to a 50% surcharge to be applied to your premiums though some states have set the surcharge at a lower level and not all carriers have opted to apply the tobacco penalty on their products.

   Answered on May 14, 2014

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