State policies limiting premium surcharges for tobacco and their impact on health insurance enrollment. 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 The American Lung Association calls for the following actions to be taken by Idaho's elected officials to reduce tobacco use and exposure to secondhand smoke: Treat electronic nicotine delivery devices consistent with traditional tobacco products in all areas under state law; In plan years 2011 and 2012, the program failed to offer employees a reasonable alternative standard and notice of that reasonable alternative standard. Box 200130 Helena, MT 59620-0130 This tax applies to cigars, snuff, chewing tobacco, and any other tobacco product except for cigarettes. Kaplan CM, Kaplan EK. Table1 compares sample characteristics across insurance type. 2020;55:983992. The 2019 ASEC included variables that specifically identify marketplace coverage, so we examined whether the effect is driven by those with marketplace plans using the 2019 data only. In order to provide context to our results on the reasons tobacco users did not enroll in health insurance, we also included separate data from a June 2019 online survey conducted using Qualtrics Research Panel. State tobacco surcharge policy may have a substantial impact on whether tobacco users choose to remain insured and consequently their ability to receive care critical for preventing and treating tobaccorelated disease. 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. and transmitted securely. Health Aff (Millwood). Please enable it to take advantage of the complete set of features! Impact of state surcharge size enrollment in a health insurance planresults from differenceindifference linear probability model. The sample is limited only to states that allowed a tobacco surcharge and participated in the federal exchange. 18. , In order to assess the impact of state policy on enrollment, we used a differenceindifference specification, comparing enrollment among smokers and nonsmokers in states that did and did not allow tobacco surcharges. Critics of surcharge policies point to data from other health-contingent premium programs showing that they fail to change individuals' behavior. 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. Our results are consistent with previous evidence that surcharges reduce enrollment as well as broader evidence that potential enrollees in nongroup insurance are highly price sensitive. This Ballotpedia article is in need of updates. 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. Due to a "ObamaCare smoking glitch" where programmers couldn't get the charge to calculate correctly the tobacco surcharge wasn't implemented until 2015 in many states. Minors are prohibited from buying alternative nicotine products, including e-cigarettes.6 Establishments are required to post signs stating that sales to minors are prohibited.6 Local tobacco laws [4] On December 20, 2019, President Donald Trump (R) signed H.R. Los Angeles PMID: 35254928 DOI: 10 . You also agree that: (i) [InsureMeNow] may share your personal information with its third-party The plaintiffs are seeking a refund of all the tobacco surcharges collected by the employer since 2016. Among the uninsured, respondents were asked to provide the main reason why they did not enroll in a marketplace plan from a list of options and then asked to check all reasons they did not enroll[Color figure can be viewed at wileyonlinelibrary.com], State policies limiting premium surcharges for tobacco and their impact on health insurance enrollment, GUID:57024003-B728-4156-B6F8-1C7CF1E128C4, GUID:8B1E074E-83F9-4927-82C1-164DFCE3D0D8, GUID:B324CE6B-5446-4427-8631-2DF7A4EC06A9. if(document.getElementsByClassName("reference").length==0) if(document.getElementById('Footnotes')!==null) document.getElementById('Footnotes').parentNode.style.display = 'none'; Communications: Alison Graves Carley Allensworth Abigail Campbell Sarah Groat Lauren Nemerovski Caitlin Vanden Boom 2. Tech: Matt Latourelle Nathan Bingham Ryan Burch Kirsten Corrao Travis Eden Tate Kamish Margaret Kearney Joseph Sanchez. Over the last few years, adult tobacco use in the state has steadily declined. September 29, 2021. The ePub format uses eBook readers, which have several "ease of reading" features marketing partners; and (ii) [InsureMeNow] and marketing partners may contact you with Here are key things you need to know about tobacco surcharges and recent activity with lawsuits. 7 Standard errors, clustered at the state level are shown in parentheses. Keck School of Medicine, (May 13, 2013) On May 9, 2013, that the Executive Yuan (Cabinet) of the Republic of China (on Taiwan) approved amendments to the Tobacco and Alcohol Tax Act and to the Tobacco Hazards Prevention Act that, if they become law, would, respectively, increase the taxes and the health surcharge on tobacco products. The prevalence of tobacco surcharge among small employers has significantly dropped mainly because the Department of Labor has become strict in enforcing provisions according to which tobacco cessation programs should be offered in conjunction with tobacco surcharges. 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. FOIA CA, The University of Southern California Institutional Review Board approved the survey data collection and deemed the analysis of data from the CPS as exempt from full review, and the relevant part of the survey questionnaire is included in Appendix S2. Loyola Marymount University, By 1920, 46 states had implemented an age limit for tobacco sales, of which 14 set the limit at 21. The tobacco surcharge is limited to 15% in Colorado, 20% in Arkansas, and 40% in Kentucky. Within each HIU, we estimated the family income that would be used to determine eligibility for marketplace subsidies or Medicaid enrollment by summing the simulated adjusted gross income (AGI) variable from the CPS across all members of the HIU. Members Currently Paying the Tobacco Surcharge: If a member is currently paying the tobacco surcharge and does not make an active election during Open Enrollment, the current enrollment will default to the new Plan Year and the member will continue to pay the tobacco surcharge. Employees are eligible for a discount/incentive at least once a year. 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. We also collected qualitative data from a survey of smokers who did not have insurance through an employer or public program. An employee must be able to avoid the surcharge by completing the alternative, even if the employee fails to quit smoking. Our results are robust to these alternative specifications. We also considered a comprehensive model of health insurance selection, by utilizing a multinomial logit regression to examine the likelihood of being covered under various types of insuranceemployer, nongroup, public, or uninsured. Agents are available: Mon - Fri, 8 AM - 8 PM ET. These data were only available for the 38 states that participated in the federal exchange. Study design: PROOF OF AGE MAY BE REQUIRED FOR PURCHASE. 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. Trends over time in enrollment in nongroup health insurance plans by tobacco use in the United States. This surcharge is considered a tax-sheltered amount for payroll. Column 2 shows the results for the probability of being in a nongroup plan, when the sample was limited to individuals with nongroup insurance and those who report being uninsured. 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. 10.1111/1475-6773.13577 2014 Aug;33(8):1466-73. doi: 10.1377/hlthaff.2013.1338. (ROC Cabinet OKs [] This decision of the ACA lawmakers turned out to be controversial, as some people believed that it is fair to charge higher premiums from tobacco users considering the adverse effect caused by the tobacco to a persons health and the additional cost incurred upon tobacco-related health problems. Employer-sponsored health plans can incorporate tobacco surcharges, which can also be up to 50% of the standard premium unless a state has a lower limit (the ACA allows up to a 50% tobacco surcharge for small-group coverage, and Department of Labor rules also allow up to a 50% tobacco surcharge for large employer plans). This table presents estimates from a differenceindifference linear probability model, examining the likelihood of the outcome of interest for smokers in surcharge states. Some states have made it illegal for insurance companies to implement a surcharge. [14] However, the state's tobacco age restriction was raised to 21 in December 2019 by federal law. Click here to contact us for media inquiries, and please donate here to support our continued expansion. Notably, tobacco users can be charged up to 50% higher premiums than nonusers for the same plan. The following map displays the year when each state implemented an increase in the tobacco age restriction to 21 (as opposed to the year when those restrictions took effect). These people are also less likely to receive timely medical treatment at the time when they will need it. Being in a surcharge state decreased the likelihood of a smoker having health insurance by 4.0 percentage points (P=.02). Among states that allowed a tobacco surcharge, we also examined the effect of the surcharge size on enrollment, again comparing smokers to nonsmokers. We found that the likelihood of having insurance among smokers was 4.0 percentage points (P=.02) lower in surcharge states, while Friedman and coauthors found that enrollment was 4.3 percentage points lower in states with medium sized surcharges, compared to states without surcharges, although their estimate was not statistically significant. [1], On June 20, 2015, Hawaii Governor David Ige (D) signed a bill raising the state's tobacco age restriction to 21, making it the first state to do so in the 21st century. Further, we included state tobacco policy variables which we calculated from the CDC State Tobacco Activities Tracking and Evaluation System and included state cigarette taxes per pack and a measure of clean indoor air policies that were coded as 1 if the state banned smoking in all indoor bars, restaurants, and private workplaces and 0 otherwise. Among those who reported being uninsured, we asked respondents to provide the main reason they did not either visit a marketplace website or enroll in a marketplace plan from a list of options. Tobacco use is the largest cause of preventable disease and death in the United States, but it is unknown whether there are differential effects for smokers or those living in high surcharge states. The ePub format is best viewed in the iBooks reader. 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. State agency staff must ensure the tobacco user premium differential is deducted from employees' net pay when applicable. As a smoker you could face paying up to $500 a month for the company health plan. Table TableA3:A3: AppendixS1 also presents results splitting the sample by whether family income was above or below 400% FPL, since that is the cutoff for subsidy eligibility and over 90% of marketplace enrollees had incomes less than 400% FPL. and state law. Under a law signed by Gov. Tip Sheet: How to Implement a Smoking Surcharge on Health Insurance, The EX Program qualifies as a reasonable alternative standard and has helped over 940,000 tobacco users build the skills and confidence for a successful quit. This allowed us to examine the impact of surcharges on each type of insurance coverage without worrying about endogenous sample selection that could cause bias in the linear probability models where the sample is limited to individuals with nongroup plans and those who are uninsured. She is also lead author of the book, Rule the Rules on Workplace Wellness Programs, published by the American Bar Association. Tobacco age restrictions can take the form of limits on the sale of tobacco by age, limits on tobacco possession by age, or a combination of the two. CA, . Bookshelf Health Aff (Millwood). Due to the sampling design of CPS, all households from CPSASEC can theoretically be linked to the CPSTUS in either January or May of 2015 or 2019. Other states like Kentucky, Arkansas, and Colorado allow a lower premium differential than federal law. What is a tobacco surcharge? 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Reasons for not enrolling in marketplace coverage. Help expand Ballotpedia's elections coverage - volunteer with us. University of Southern California, Current federal law allows health insurance plans and companies to charge tobacco users an additional 20%. Thirty-eight states also have laws in place setting the tobacco age restriction to 21. We know that compliance issues arise no matter the size of the company and no matter how long a law has been in effect. 12 One key difference is that tobacco users in small group plans can avoid paying the surcharge by enrolling in a tobacco cessation program. The interaction terms between surcharge state and current smoker show the key differenceindifference results. Currently, three states limit surcharge sizes to less than 50%Kentucky (40%), Arkansas (20%), and Colorado (15%), in addition to the six states plus the District of Columbia that have eliminated surcharges all together. Data comes from a June 2019 online survey of tobacco users using Qualtrics Research Panel collected and analyzed by the authors. The most common options include (i) HSA, HRA or FSA contributions; (ii) a decrease in employee contributions toward medical coverage (often referred to as a tobacco surcharge); and (iii) cash, gift cards or entries into a prize drawing. The $25 surcharge (per person, per pay) applies to employees and spouses covered under the Einstein health plan. [13] However, the state's tobacco age restriction was raised to 21 in December 2019 by federal law. 4 Our insurance expert will call you soon. However, it is the case only if they dont use tobacco but if they do use tobacco then the tobacco surcharge may result in unaffordable health insurance premiums for these people. Sale and distribution of tobacco products-WAC 314-10: The Washington State Liquor and Cannabis Board (WSLCB) regulates the sale and distribution of all tobacco products, and reports enforcement activities to the Department of Health. 41. 2020 Dec; 55(6): 983992. As of July 1, 2013, the excise tax imposed on cigarettes under M.G.L. Thus, the actual monthly premium paid by the tobacco users will depend upon the health insurance company they choose and the area in which they are living. Consent for marketing calls Learn 4 tips for making your tobacco cessation program more successful. Notably, using data from the Behavioral Risk Factor Surveillance System, Freidman and colleagues found the probability of having insurance was reduced among smokers in states with high tobacco surcharges relative to states without surcharges. 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. Specifically, our model compares the insurance status of smokers to nonsmokers across states with and without tobacco surcharges. 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. Public insurance includes Medicare, Medicaid, VA, CHAMPUS, Tricare, and Indian Health Service. Standard errors, clustered at the state level are shown in parentheses. Tobacco Surcharges. 8 Association of smoking cessation with subsequent risk of cardiovascular disease, The impact of insurance gain and discussions with healthcare providers on quitting smoking, Helping smokers quitopportunities created by the affordable care act. Indeed, the group of states that banned tobacco surchargesCalifornia, and a handful of Northeast statesare hardly a random sample. Massachusetts has many laws that govern tobacco: Tobacco excise taxes. 1 One of the most important aspects of the Affordable Care Act (ACA) was the introduction of modified community rating in the nongroup insurance market, which drastically changed how premiums could be set. During the 1920s and 1930s, state laws trended towards a limit of 18 years. Table TableA3:A3: AppendixS1 presents results excluding individuals under 26 and classifying tobacco use as the use of any tobacco product rather than cigarettes only. Employers that are ALEs (i.e., have 50 or more full-time equivalent employees . 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. [7][8] The tobacco age restriction remained at 19 until federal law raised it to 21 in December 2019. 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. , Since 2014, all nongroup health insurance plans, including those sold on the individual marketplaces, can only rate premiums based on four characteristics: age, family size, geographic region, and tobacco use. Most states, however, follow the federal law and allow insurers to impose tobacco surcharges of up to 50% but employer wellness programs must follow certain rules for those surcharges to be legal. We compared insurance enrollment in states that did and did not allow tobacco surcharges, using a differenceindifference approach to compare the policy effects among smokers and nonsmokers. affordable care act; enrollment; health insurance; marketplace; premiums; smoking; tobacco surcharge. Even though federal law permits a tobacco surcharge on health insurance, some states prohibit this. 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. 102. Some states have set more restrictive limits on rating for tobacco use, and several states have outlawed tobacco premium surcharges altogether. Cameron M. Kaplan, PhD and Erin K. Kaplan, PhD. The California Complementary Legislation (or "directory law"), Revenue and Taxation Code section 30165.1, requires the Attorney General to publish a directory of tobacco product manufacturers and brand families of cigarettes and roll-your-own tobacco that are lawful for sale in California. State by State Tobacco Laws, Taxes, and Statistics. PMC Though the Affordable Care Act has included a provision to allow insurers to charge higher premiums from tobacco users but has not specified what constitutes tobacco use. More Benefits Insight Cafeteria Plan COLA May Require . sharing sensitive information, make sure youre on a federal Among states that allowed a tobacco surcharge, the statewide average of the median rating area surcharge ranged from 0% to 29.6% in 2015 and 7.0% to 32.3% in 2019. Members Currently Paying the Tobacco Surcharge: If a member is currently paying the tobacco surcharge and does not make an active election during Open Enrollment, the current enrollment will default to the new Plan Year and the member will continue to pay the tobacco surcharge. 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. Notably, smoking rates were higher among those without health insurance than those with nongroup coverage. In states that allow tobacco surcharges, tobacco users pay substantially higher premiums for nongroup health insurance than nonusers. This provides some evidence that tobacco users are less likely to enroll in nongroup plans, and the following analysis examines whether that is due at least in part to state tobacco surcharges. , In order to aggregate surcharge data to the state level, we first computed the median surcharge in each marketplace rating area by calculating the ratio between the plan premiums offered to tobacco and nontobacco users for a 45years old. Although we did not have data from other years, the fact that our results were similar across the two years gives us confidence that pooling the data is a valid approach. Some of those states later passed a state law raising the state-level tobacco age restriction to 21. Understanding lung cancer screening behavior: racial, gender, and geographic differences among Indiana longterm smokers, Tobacco taxes as a tobacco control strategy. The surcharges are extra costs that have been added to PEBB benefit eligible WSU employees' standard monthly medical premiums, effective July 1, 2014. 13 All columns are derived from a single multinomial logit regression, and each column presents the relative risk ratios (RRR), comparing the risk of being in the insurance type of interest and being uninsured. The tobacco cessation wellness program is designed to promote health and prevent disease. The most common options include (i) HSA, HRA or FSA contributions; (ii) a decrease in employee contributions toward medical coverage (often referred to as a tobacco surcharge); and (iii) cash, gift cards or entries into a prize drawing. So the actual amount you'll pay will depend on the health insurance company you chooseand there may not be a surcharge at all. The state lowered the age of majority, which also served as a tobacco age restriction at the time, from 21 to 19 in 1976. Operations: Meghann Olshefski Mandy Morris Kelly Rindfleisch Keywords: The outcome variable represents four categories of insurance typeuninsured (omitted), nongroup, employer, and public. However, thanks to a class action lawsuit in 2013, a large number of states began permitting the practice . [PMC free article] [PubMed] [CrossRef] [Google Scholar], 1 Share & Print Documents & Downloads Issue Brief - States Vary on Higher Premiums Paid by Tobacco Users Under the ACA Related Tags Affordable Care Act 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. , Income eligibility for assistance under the affordable care act: technical memorandum on estimates for nonelderly adults. 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 states health insurance exchange (Access Health CT). Premium rating rules for nongroup insurance and small group plans (generally plans provided by employers with fewer than 50 employees) are similar. 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. [12] Under a law signed by Gov. State government tax collections by source, State spending by function as a percent of total expenditures, Financial regulation in the United States, Education statistics in the United States. You do not have to pay this surcharge if you attest (respond) that: You and all enrolled dependents ages 13 and older do not use tobacco products. Instead, the notice materials stated employees would only avoid the tobacco surcharge on a prospective basis. Data comes from a June 2019 online survey of tobacco users using Qualtrics Research Panel collected and analyzed by the authors. to not pay the monthly surcharge) for 2023. The https:// ensures that you are connecting to the Conditional on allowing a surcharge, higher surcharges result in lower enrollment among smokers in both any insurance plan and in nongroup insurance plans in particular. Results showing the impact of the size of tobacco surcharges are presented in Table4. Under the Affordable Care Act (ACA), group health plans (and self-insured employers) can charge tobacco users up to 50% more for their health insurance premiums than non-tobacco users, and when they do this it is called a tobacco surcharge. 27 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. Before Notably, our point estimates are in line with those reported by Friedman et al As of January 1, 2021, 32 states and the District of Columbia set the minimum sales age at 21 years old; Mississippi set the minimum sales age at 21 for some tobacco products and 18 for others; two states set the minimum sales age at 19 years old and 15 states set the minimum sales age at 18 years old. 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Who did not have insurance through an employer or public program over the last few,... To a class action lawsuit in 2013, the state 's tobacco age restriction was raised 21! Calls Learn 4 tips for making your tobacco cessation program more successful full-time equivalent employees, 50. With nongroup coverage Dec ; 55 ( 6 ): 983992 interest smokers... Lead author of the outcome of interest for smokers in surcharge states than... More restrictive limits on rating for tobacco use in the state 's tobacco age restriction to 21 in 2019. This surcharge is considered a tax-sheltered amount for payroll as of July 1, 2013, the group of that. And their impact on health insurance by 4.0 percentage points ( P=.02 ) instead, the notice materials employees! The interaction terms between surcharge state decreased the likelihood of the outcome of interest smokers... Point to data from a differenceindifference linear probability model no matter the size of the book, Rule the on! 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