We found that the tobacco surcharge rate averaged approximately 14 percent and that it was associated with lower total enrollment as well as a reduced share of total enrollees who reported any tobacco use. State by State Tobacco Laws, Taxes, and Statistics. Under a law signed by Gov. We are experimenting with display styles that make it easier to read articles in PMC. The Affordable care Act allows health insurers to charge a 1.5-to-1 ratio for tobacco use. States, however, can set their own rules to reduce or eliminate that surcharge and so far at least 10 have done so, including most notably California, where the permissible surcharge has been cut to to zero. We used demographic variables including age, sex, race (White, Black, Asian, Hispanic, and Other), and education (less than high school, high school graduate, some college, and college graduate) as well as characteristics related to insurance and subsidy eligibility including HIU size and income. for the purpose of these tobacco use surcharges, the definition of tobacco use is "the use of a tobacco product or products four or more times per week within no longer than the past 6. As of July 1, 2013, the excise tax imposed on cigarettes under M.G.L. , Tobacco Users Pay Health Insurance Surcharges as per State and Federal Rules, Complete Overview on Buying Private Health Insurance Plan, Significant Differences between Public and Private Health Insurance Plan, Master the Tips to Shop for Health Insurance, Get personalized help related to Insurance Products, Service & Claims, Tips to Choose between Obamacare and Employer-sponsored Health Plans, Enrollment in Individual Health Plan is still possible after Ending of COVID SEP in the Most States, Free Health Insurance for Uninsured Americans with Stimulus Package. We coded respondents as current smokers if they reported now smoking cigarettes either every day or some days. This definition is slightly different from the definition used to apply the tobacco surcharge, which is the use of tobacco products four or more times, on average, per week within the past six months. We used the narrower definition, considering only cigarette smokers because cigarette smokers make up most of the population of every day tobacco users In addition to the RRRs shown, all regressions control for sex, age, age squared, race, family size, education, log family income, state Medicaid expansion status, state federal marketplace use, state cigarette taxes, clean indoor air laws, and year (2015 vs 2019). HOME; STATE BY STATE; NEWS ARCHIVE. Some of those states later passed a state law raising the state-level tobacco age restriction to 21. New Jersey law states: A PERSON WHO SELLS OR OFFERS A TOBACCO PRODUCT TO A PERSON UNDER 21 YEARS OF AGE SHALL PAY A PENALTY OF UP TO $1,000 AND MAY BE SUBJECT TO A LICENSE SUSPENSION OR REVOCATION. In November 2021, the Ohio District Court ruled that the DOLs case can move forward with the alleged tobacco surcharge violations for plan years 2011-2013. Tobacco use is the largest cause of preventable illness in the United States. Approximately every four years, the CPS includes a Tobacco Use Supplement (CPSTUS), which asks questions about smoking and tobacco use. In this paper, we examined how differences in state tobacco surcharge policy influenced health insurance enrollment choices among smokers. Visit www.nysmokefree.com, for information, to chat online with a Quit Coach, or to sign up for Learn2QuitNY, a six-week, step-by-step text messaging program to build the skills you need to quit any tobacco product. 2 This Ballotpedia article is in need of updates. So the actual amount you'll pay will depend on the health insurance company you chooseand there may not be a surcharge at all. States Vary on Higher Premiums Paid by Tobacco Users Under the ACA Kansas insurers applying up to 44 percent surcharge for tobacco users in 2015 11 Min Read Sep 09, 2015 By Linda J. Sheppard, J.D. However, thanks to a class action lawsuit in 2013, a large number of states began permitting the practice . All states with a minimum tobacco age of 21 decreased the limit. The survey included tobacco users age 1864 with incomes above 138% FPL who reported being uninsured or insured through a marketplace plan. The interaction terms between surcharge state and current smoker show the key differenceindifference results. Macys offered a tobacco cessation program to employees, but the only way to avoid the surcharge was for the employee to declare that all covered members in his or her family remained tobacco free for a period of six consecutive months during the health plan year. Employees that satisfy a reasonable alternative standard specified by the City shall not be subject to the surcharge. Credit Card Surcharge Laws by State: A Guide for AEC Pros. marketing materials using the information you provide. In addition, there is large variation in tobacco surcharges even within states that allow surcharges since most insurers do not charge the maximum allowable surcharge. Some states have set more restrictive limits on rating for tobacco use, and several states have outlawed tobacco premium surcharges altogether. Click here to contact our editorial staff, and click here to report an error. Proponents of tobacco surcharges argue that higher premiums for tobacco users could lead to lower premiums for nonusers, increase insurer participation, and create an incentive for tobacco users to quit. The health insurance premiums are low for people under the age of 21, and there is a cap of three times the rates that apply to a 21-year old. In plan years 2011 and 2012, the program failed to offer employees a reasonable alternative standard and notice of that reasonable alternative standard. First, each March, participants respond to the Annual Social and Economic Supplement (CPSASEC), which includes detailed questions about the source and type of health insurance coverage as well as exhaustive income and employment questions. Under a law signed by Gov. Plan members need to attest to their tobacco status in their Virgin Pulse portal by May 31, 2022. State agency staff must ensure the tobacco user premium differential is deducted from employees' net pay when applicable. Abbreviations: AGI, Adjusted Gross Income; FPL, Federal Poverty Level; HIU, Health Insurance Unit; SD, standard deviation. Gary Herbert (R) in March 2019, Utah's tobacco age restriction was set to increase from 19 to 20 on July 1, 2020, and to 21 on July 1, 2021. In the 37 states that use the federal insurance exchange, HealthCare.gov, the tobacco surcharge was paid by about 7 percent of 5.1 million consumers who enrolled, according to federal data. This suggests that smokers living in nonsurcharge states might be more likely to have employer sponsored health insurance than smokers living in states that allow tobacco surcharges. Albeit if a person with an average premium is subjected to a 50% tobacco surcharge, then their monthly premium would increase to $864 per month, and their premium subsidy would not change. You also agree that: (i) [InsureMeNow] may share your personal information with its third-party Operations: Meghann Olshefski Mandy Morris Kelly Rindfleisch Will every state implement a surcharge? 7 After calculating AGI, we excluded adults over 65 since they would likely be covered by Medicare. But Macys tobacco affidavit also said, I understand that the tobacco surcharge will not be changed retroactively, and no refunds or credits will be issued.. Jay Inslee (D) on April 5, 2019, Washington's tobacco age restriction was set to increase from 18 to 21 on January 1, 2020. FOIA Because tobacco surcharges are changing over time, this specification also allowed us to include state fixed effects. Access to insurance and health care may be particularly important for tobacco users because they are at higher risk of developing numerous chronic health conditions and because all health insurance plans are required to provide tobacco cessation as an essential health benefit with no outofpocket costs. Tobacco surcharges and the state laws that limit them theoretically have varying effects on different segments of the health insurance market. Employees are hiring attorneys who are familiar with the wellness incentive rules under the Employee Retirement and Income Security Act (ERISA) and are challenging employer wellness programs that are allegedly not in full compliance. Here are key things you need to know about tobacco surcharges and recent activity with lawsuits. Participants overwhelmingly reported that cost of health insurance was a major reason for either not visiting their state's health insurance marketplace website or not purchasing a plan. This blog post is for informational and educational purposes only. This option wouldn't change the amount of the federal premium tax credit, a move foreclosed by federal law. However, the Centers for Medicare and Medicaid Services has issued a subsequent rule that defines tobacco use as the use of any tobacco product within the last six months with a frequency of at least four times per week. In other words, according to the plaintiffs, the employer did not give them a reasonable alternative standard, like a tobacco cessation program, to avoid the $50/month surcharge. Compared to those with insurance, uninsured individuals tended to be younger, have smaller family sizes, lower levels of family income and education, and they are more likely to be male and nonwhite. I'm at work right now, but here is a quick rundown of what we have going on here. We linked data from two components of the Current Population Surveythe 2015 and 2019 Annual Social and Economic Supplement and the Tobacco Use Supplement, which we combined with data on marketplace plan premiums. To be in full compliance with the ERISA wellness incentive rules, wellness programs that impose a tobacco surcharge on employees who use tobacco must pass a 5-factor test. This surcharge is considered a tax-sheltered amount for payroll. Columns 4 and 5 show results when nongroup plan enrollment was split by whether the plan was offered through the ACA marketplaces for the 2019 sample. Nineteen of those states set the tobacco age restriction to 21 before the federal law took effect, while the other 19 did so after the federal law took effect. As a smoker you could face paying up to $500 a month for the company health plan. Standard errors, clustered at the state level are shown in parentheses. The Potential and peril of health insurance tobacco surcharge programs: evidence from Georgias state employees health benefit plan, https://www.kff.org/other/stateindicator/individualmarketraterestrictionsnotapplicabletohipaaeligibleindividuals/, https://www.cms.gov/files/document/4120healthinsuranceexchanges2020openenrollmentreportfinal.pdf. For the purposes of this study, we limited the sample to uninsured individuals (N=519). Data comes from a June 2019 online survey of tobacco users using Qualtrics Research Panel collected and analyzed by the authors. The .gov means its official. The ePub format is best viewed in the iBooks reader. Finally, all models adjusted for year of survey (2015 or 2019). The CPS is a nationally representative, longitudinal survey that follows households over the same four consecutive months for two consecutive years (ie, four months on, eight months off, four months on). Massachusetts has many laws that govern tobacco: Tobacco excise taxes. Thus, people who use tobacco are advised to not just avoid health insurance because many health insurers have implemented smaller surcharges or some have also sip them altogether. This tax applies to cigars, snuff, chewing tobacco, and any other tobacco product except for cigarettes. An official website of the United States government. This table presents estimates from a differenceindifference linear probability model, examining the likelihood of the outcome of interest for smokers in surcharge states. Arkansas limits it to 20%, and Kentucky limits it to 40%. Data comes from a June 2019 online survey of tobacco users using Qualtrics Research Panel collected and analyzed by the authors. During plan year 2013, Macys included a notice within the Tobacco Affidavit alerting the employee to the availability of a reasonable alternative standard, so it satisfied the notice requirement. Second, we separately estimated the effect of both the existence and the size of the tobacco surcharge, that is, whether allowing a tobacco surcharge influences insurance enrollment, and how the size of the surcharge implemented by insurers effects enrollment. Age The health insurance premiums are based on an individuals age, as older people are charged higher premiums compared to younger people. Thank you. This allows us to account for whether the effect is concentrated in the nongroup market or whether there are spillover effects. Tobacco use is the largest cause of preventable illness in the United States. The "tobacco surcharge" won't be offset by federal tax credits, hitting smokers with a double whammy. Consistent with the family income calculation for health insurance qualification, we excluded income under $12200 for dependents. And in states like California, Rhode Island, Vermont, the District of Columbia, Massachusetts, New York, and New Jersey are not allowed to charge higher premiums from tobacco users. Although health insurance eligibility is actually determined by Modified Adjusted Gross Income (MAGI) rather than AGI, previous studies have found that CPSsimulated AGI is actually closer to MAGI than AGI. Additionally, tobacco surcharges function to increase the cost of health insurance for smokers, which was the most commonly cited reason for not choosing to enroll in a nongroup plan. In August 2017, the United States Department of Labor (DOL), which enforces compliance with ERISA, sued Macys, Inc. as well as its third-party administrators for its self-insured health plan: Anthem Blue Cross Life and Health Insurance Company and Cigna. More Mercer posts Careers. 41% of respondents said this was the main reason they did not enroll, and 54% said it played a factor in their decision. States Charging Below 50%:6 Arkansas - 20% Colorado - 15% Kentucky - 40% States Charging the Maximum 50%:7 States Which Prohibit Tobacco Rating Completely:6 California Massachusetts New Jersey New York Rhode Island Vermont Washington D.C. Subsidies and Tobacco Surcharges 6 Would you like email updates of new search results? Our approach differs from the tripledifference approach used by Friedman et al, which used pre and postACA implementation as a third difference. Allowing a tobacco surcharge reduced insurance enrollment among smokers by 4.0 percentage points (P=.01). 7 , Share & Print Documents & Downloads Issue Brief - States Vary on Higher Premiums Paid by Tobacco Users Under the ACA Related Tags Affordable Care Act Moreover, the employers failed to give participants who met the RAS a way to avoid the surcharge retroactively, which is required under HIPAA's wellness rules. Thursday, Feb 7 2013 Assembly Bill Would Block ACA Tobacco Surcharge Last week, Assembly member Richard Pan (D-Sacramento) introduced a bill ( AB 1X2) that would block an Affordable Care Act provision that allows insurers to charge smokers with an individual policy up to 50% more in premiums from being implemented in California. Being in a surcharge state decreased the likelihood of a smoker having health insurance by 4.0 percentage points (P=.02). This is due to a "tobacco surcharge". Eight states increased their restrictions under a Democratic trifecta, four increased their restrictions under a Republican trifecta, and seven increased their restrictions under divided government. Six states and DC have banned tobacco surcharges in their entire individual market: California District of Columbia Massachusetts New Jersey New York Rhode Island Vermont Virginia lawmakers passed legislation in 2022 that would have banned tobacco surcharges as of 2023, but the governor vetoed the measures. [12] Under a law signed by Gov. -N.J. Stat. Consent for marketing calls Tom Wolf (D) on November 27, 2019, Pennsylvania's tobacco age restriction was set to increase from 18 to 21 on July 1, 2020. This table presents estimates from a multinomial logit regression model, comparing the likelihood of being in one of four insurance categoriesuninsured (reference group), nongroup, employer, or public. Low and modest-income people buying health insurance may qualify for premium subsidies that cover the majority or even all of their health insurance premiums. Disclaimer, National Library of Medicine surcharge cannot exceed 50 percent of the total cost of health coverage. During the 1920s and 1930s, state laws trended towards a limit of 18 years. Third, we used data from the two most recent waves of tobacco use data from the Current Population Survey2015 and 2019, providing perspective on how the impact of the policy has evolved over time. It was increased from 18 to 21 in 1911. All regressions are weighted using the appropriate weights from the Current Population Survey. The surcharges are extra costs that have been added to PEBB benefit eligible WSU employees' standard monthly medical premiums, effective July 1, 2014. Unfortunately, the prepost approach may not yield accurate estimates because it does not account for the fact that tobacco rating was allowed in the nongroup and small group markets prior to 2014. Over 150000 emails were sent out to individuals who resided in the United States and were thought to be under 76years old. The site is secure. While surcharges unambiguously lead to higher premiums for tobacco users in nongroup markets and thus ought to lead to lower enrollment, theoretically, surcharges could lead to either higher or lower enrollment in employer coverage. , In the CPSTUS, smoking status was defined based on how frequently individuals report smoking. It is witnessed that among all the exchange enrollees, 86% of people qualify for premium subsidies that amount to an average of nearly $492 per month. Nearly Half Of Small Employers Using Tobacco Surcharges Do Not Provide Tobacco Cessation Wellness Programs. The two most recent waves of the CPSTUS in 201415 and 201819 were conducted after the ACA rating rules went into effect. Qualtrics maintains a nationally representative network of individuals who have previously agreed to participate in survey research. It is important to know that premiums are added for up to three children under the age of 21, so a family having five children under the age of 21 will pay the same premium as a family having three children under the age of 21-year. If you would like to help our coverage grow, consider donating to Ballotpedia. What is a tobacco surcharge? 2018 Mar;37(3):473-481. doi: 10.1377/hlthaff.2017.1062. **Please Note: Nothing contained in this blog post is to be construed as legal advice. Reasons for not enrolling in marketplace coverage. Health Aff (Millwood). , to reimburse all participants who paid the tobacco surcharge from July 1, 2011, to the present (plus interest), to revise its wellness program to comply with ERISA wellness incentive rules, to prevent Macys from collecting tobacco surcharges until it revises tis wellness program to comply with the ERISA rules, to empty all profits received as a result of its fiduciary breaches, and. Since 2011, Macys had imposed a $35 to $45/month surcharge on employees who were enrolled in the company medical plan and who had used tobacco products within the last consecutive 6 months or had participating dependents who had used tobacco products within the last consecutive 6 months. This means that health insurers can charge individual and small group tobacco users up to 50% more than non-tobacco users. Finally, we calculated income as a percentage of the federal poverty level (FPL) using family income, the number of people in the HIU, and the appropriate FPL based on year and state of residence. HHS Vulnerability Disclosure, Help Box 200130 Helena, MT 59620-0130 2023 All rights reserved to InsureMeNow | Terms & Conditions | Privacy Policy. The table presents relative risk ratios from a differenceindifference specification similar to the one presented in Table2 and including all income levels. This finding was robust across a variety of specifications. 27 Results showing the impact of the size of tobacco surcharges are presented in Table4. Under the health reform law, private insurers can charge tobacco users no more than 50% more per month than who do not use tobacco. States that prohibit tobacco surcharges completely are California, Massachusetts, New Jersey, New York, Rhode Island, Vermont, and Washington, D.C. Connecticut also prohibits tobacco surcharges, but only for health plans sold in the state's health insurance exchange (Access Health CT). It is worth noting that the relative risk ratio for the interaction term was marginally significant for employer sponsored health insurance. Federal government websites often end in .gov or .mil. We found that among individuals without insurance through an employer or public program, living in a surcharge state decreased the probability that a smoker enrolled in a nongroup plan by 0.9.0 percentage points (P<.01). Tobacco surcharge may also be incorporated in the employer-sponsored health plans that can increase the standard premium by up to 50% unless a state has implemented a lower tobacco surcharge. State Specific Rating Variations. Another potential consideration is the effect of tobacco surcharges on nonusers. High premiums and tobacco surcharges are reported by smokers to be barriers to enrollment in marketplace coverage. Over the last few years, adult tobacco use in the state has steadily declined. Employers that are ALEs (i.e., have 50 or more full-time equivalent employees . For purposes of the premium surcharge, "tobacco use" is defined as: . Recent evidence has suggested that premiums for tobacco users have increased at a faster rate than premiums for nonusers. Has many laws that limit them theoretically have varying effects on different segments of the total cost of health.. Small Employers using tobacco surcharges Do not Provide tobacco Cessation Wellness Programs tobacco laws, tobacco surcharge rules by state, and limits! Age the health insurance market, standard deviation all rights reserved to InsureMeNow terms! About smoking and tobacco surcharges Do not Provide tobacco Cessation Wellness Programs we coded respondents as current smokers if reported... Purposes only the key differenceindifference results results showing the impact of the CPSTUS, smoking status was defined based an... 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