1. 5527 POINTS
    Marlin McKelvy
    President, Consumer Directed Benefit Solutions, Memphis, Tennessee
    Yes.  Application of a premium surcharge for tobacco users has become more common in recent years, primarily in larger groups who self-fund their employee benefits plans as the employer has much more control of the benefit plan design and rate structure than they do with fully insured plans.  The Affordable Care Act (ACA), while doing away with pre-existing condition exclusions, does explicitly allow for the adjustment of rates for tobacco use.  So, in that sense, tobacco users are the class of employees it is legal to discriminate or penalize for their personal behavior.  The ACA is silent on the consumption of Marijuana which may present some interesting situations as more states move to allow the use of medical Marijuana or to legalize its recreational use.
    Answered on May 7, 2014
  2. 21750 POINTS
    Jim Winkler
    CEO/Owner, Winkler Financial Group, Houston, Texas
    That is a great question! If you smoke, be prepared to pay higher premiums. The insurance companies are all about risk, and those that assess the risks that smoking has upon your health and life expectancy are going to charge you more because your risks are higher. I hope that helps, thanks for asking!
    Answered on July 3, 2014
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