, County populations were pulled from the 2014 and 2018 American Community Survey annual county level estimates and aggregated up to the rating area level. WebThe only medical question an insurance company asks that may affect your rates is your tobacco use. , Finally, all models adjusted for year of survey (2015 or 2019). Arkansas limits it to 20%, and Kentucky limits it to 40%. Setting up a tobacco surcharge may seem straight forward but for it to be effective, you need to be strategic. Because tobacco surcharges are changing over time, this specification also allowed us to include state fixed effects. For the purposes of this study, we limited the sample to uninsured individuals (N=519). 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. 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. 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. **Please Note: Nothing contained in this blog post is to be construed as legal advice. You will now receive email updates from the American Lung Association. Columns 3, 4, and 5 show results limiting the sample to individuals with incomes above 138% FPL, which includes those who have incomes too high to qualify for Medicaid under the expansions, but who are eligible for subsidies in the marketplaces and are thus more likely to be affected by tobacco surcharges. , If the reasonable alternative standard is a digital tobacco cessation program, the plan must make the program available, and may not require the individual to pay for the cost of the program. This overview summarizes state tobacco control laws in effect in all 50 states and the District of Columbia in the different areas covered by State Legislated Actions on Tobacco Issues (SLATI). All regressions are weighted using the appropriate weights from the Current Population Survey. Table1 compares sample characteristics across insurance type. When employees who use tobacco feel the stigma of addiction, it doesnt bode well for either employer or the employee. Data comes from a June 2019 online survey of tobacco users using Qualtrics Research Panel collected and analyzed by the authors. The Affordable Care Act allows insurers to charge up to 50% higher premiums to tobacco users, making tobacco use the only behavioral factor that can be used to rate premiums in the nongroup insurance market. Each column is a separate regression, and the interaction term between surcharge state and current smoker shows the key differenceindifference coefficient. The ACA requires that all health insurance plans provide tobacco cessation and lung cancer screening with no outofpocket costs. The cost of coverage includes the total amount of employer and employee contributions toward the benefit package under which the employee is (or the employee and any dependents are) receiving coverage. In addition, the complaint alleges that even when the employer offered a reasonable alternative standard (i.e., a smoking cessation program), the employer did not provide employees the full reward once they completed the program. Column 4 shows that smokers were 11.5 percentage points (P<.01) less likely to be enrolled in a marketplace plan if they lived in a state with a tobacco surcharge than if they lived in a state without a tobacco surcharge. The health law allows states to charge as much as 50 percent more to smokers than nonsmokers, but a handful of states have lower limits, including Kentucky and Colorado. 8 Kentucky Information 20 This material must include contact information for obtaining a reasonable alternative standard and a statement that recommendations of an individuals personal physician will be accommodated. Allowing tobacco surcharges at all and having larger tobacco surcharges were each associated with lower takeup of insurance. In order to examine health insurance enrollment by tobacco use, we linked data from both CPSASEC and CPSTUS. Health Aff (Millwood). As such, several previous studies have shown that gaining access to health insurance can have large effect on both quitting smoking and cancer screening. The outcome variable represents four categories of insurance typeuninsured (omitted), nongroup, employer, and public. Our approach differs from the tripledifference approach used by Friedman et al, which used pre and postACA implementation as a third difference. and transmitted securely. These legal requirements include ACA, Americans with Disabilities Act (ADA), and other civil rights laws considerations. 5 Keywords: Additionally, among those facing a tobacco surcharge, a 10 percentage point increase in the size of the tobacco surcharge decreased the likelihood of enrollment in nongroup insurance by 8.6 percentage points (P=.02). 2) use tobacco and be subject to the surcharge. Providing adequate notice about the reasonable alternative standard is also mandatory. Finally, in several specifications we excluded families with incomes less than 138% of the federal poverty level for the following two reasons. This table presents estimates from a differenceindifference linear probability model, examining the likelihood of the outcome of interest for smokers in surcharge states. , One key difference is that tobacco users in small group plans can avoid paying the surcharge by enrolling in a tobacco cessation program. WebAlthough the federal law allows states to limit the surcharge to less than 50 percent, or to adopt a narrower definition of tobacco use, most states, including Kansas, have We then asked respondents to select all reasons they did not enroll in a marketplace plan. Penalizing employees who use tobacco may further disadvantage these individuals and arguably, these disadvantaged individuals may need an employers help the most. affordable care act, enrollment, health insurance, marketplace, premiums, smoking, tobacco surcharge, State policies limiting premium surcharges for tobacco and their impact on health insurance enrollment. 7 2023 American Lung Association. The results indicate that smokers were at an decreased risk of being in a nongroup plan or an employer plan relative to being uninsured. 2020 Sep;39(9):1540-1545. doi: 10.1377/hlthaff.2020.00015. Webtobacco surcharge rules by state; by in poplar, montana obituaries. NOTES Respondents were assigned to surcharge levels based on their age group and state, using newly collected information on 2014 tobacco surcharges in their states health insurance exchange. 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. UPS prohibits the shipment of all Vaping Products (as defined below) throughout its U.S. domestic network, including import and export, regardless of nicotine content and destination state. Learn 4 tips for making your tobacco cessation program more successful. Table TableA2:A2: AppendixS1 presents results from these regressions separately for the 2015 and 2019 samples. Additionally, the elimination of the individual mandate has led to a decrease in enrollment, 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. 6.Should employers be concerned about state smoker The lower premium must be available to all similarly situated individuals (similarly situated employees in a bona fide employment classification, such as all full-time employees or all employees at a certain location of the company). However, our models adjusted for other state policies that may affect insurance enrollment and tobacco use. Finally, we ran a model using a definition of tobacco use closer to the definition used for enrollment in the ACA, which includes the use of other noncigarette tobacco products. The PubMed wordmark and PubMed logo are registered trademarks of the U.S. Department of Health and Human Services (HHS). It is worth noting that the relative risk ratio for the interaction term was marginally significant for employer sponsored health insurance. We used linear probability models with a differenceindifference specification. Since the ACA allows states to set their own policy regarding tobacco surcharges, it is one aspect of the ACA that may be more amenable to modification, especially during times when partisan divide in congress makes it difficult to amend federal regulations. Additionally, recent research has cast doubt on whether small employers complied with either the rating rules or the exemption for tobacco cessation, particularly in the early years of the ACA. Three states -- Arkansas, Colorado, and Kentucky -- will allow companies to charge tobacco users less than 50%. They contend that many smokers begin the habit before they are 18. USA. 21 That contrasts with participants in health-contingent wellness programs. Cleaning Supplies and Household Chemicals, Health Professionals for Clean Air and Climate Action, State Legislated Actions on Tobacco Issues (SLATI), State Laws Restricting Smoking by Location, Laws that Prevent Stronger Local Tobacco Control Laws, Funding for State Tobacco Control Programs, Factsheets, Tobacco Policy Reports and Resources. 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 tobacco-related disease. 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. Our results are robust to these alternative specifications. This finding was robust across a variety of specifications. We then took the mean of the median surcharge across all rating areas in the state weighted by the population of the rating area age 2064. This means that a tobacco surcharge should be accompanied with some effort by the group health plan to help tobacco users get healthy. Keck School of Medicine, Plans have flexibility to determine how to provide the portion of the reward corresponding to the period before an alternative was satisfied (e.g., payment for the retroactive period or pro rata over the remainder of the year), as long as the method is reasonable and the individual receives the full amount of the reward. 1 sharing sensitive information, make sure youre on a federal 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). Theoretically, surcharges could also lead to reduction in smoking by imposing a financial penalty for the behavior. Reasons for not enrolling in marketplace coverage. To adjust for other potential differences across states, we controlled for Medicaid expansion status, the use of a statebased marketplace, tobacco taxes, and clean indoor air policies. Nearly Half Of Small Employers Using Tobacco Surcharges Do Not Provide Tobacco Cessation Wellness Programs. So before implementing any tobacco surcharges, be sure to check if your state law also adds restrictions. affordable care act; enrollment; health insurance; marketplace; premiums; smoking; tobacco surcharge. CA, This site needs JavaScript to work properly. The survey included tobacco users age 1864 with incomes above 138% FPL who reported being uninsured or insured through a marketplace plan. See tips for managers on removing this stigma in the workplace to help employees quit smoking. USA, 2 This table presents estimates from a differenceindifference linear probability model, examining the likelihood of the outcome of interest for smokers in surcharge states. If you have used tobacco 4 or more days a week for the past 6 months, an insurance company is allowed to charge you 50% more than a non-tobacco user. WebRequire all tobacco retail businesses to obtain licenses, provide for and fund specific enforcement measures and establish a meaningful penalty structure for underage sales violations; and Support and defend local comprehensive smokefree laws, including e-cigarettes. As a result, if a tobacco cessation program offers an incentive to test for a chemical related to tobacco use, the program must be mindful of the ADA voluntary requirement. 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. September 29, 2021. Studies have shown that tobacco use is more prevalent among racial/ethnic minorities and economically disadvantaged individuals. WebThe American Lung Association calls for the following actions to be taken by Pennsylvania's elected officials to reduce tobacco use and exposure to secondhand smoke: Preserve state funding for comprehensive tobacco prevention and control programs; Close loopholes in Pennsylvanias Clean Indoor Air Act; and Our models test the effect of the surcharge on enrollment and do not provide evidence of higher enrollment among nonusers. The ADA prohibits employers from discriminating against individuals based on disability or perceived disability. The EEOC does not consider tobacco cessation programs that merely ask employees whether they use tobacco and whether they ceased using tobacco upon completion of the program to be making disability-related inquiries or medical examinations.. The participant is not expected to achieve a certain wellness goal, such as losing a certain amount of weight or having a certain blood pressure level. Join over 700,000 people who receive the latest news about lung health, including COVID-19, research, air quality, inspiring stories and resources. Further, smokers without insurance through an employer or public program were 9.0 percentage points less likely (P < .01) to enroll in a nongroup plan if they were subject to a tobacco surcharge. Read our simple and effective tips for protecting you and your family from the dangers of air pollution. WebThe premium surcharges may apply if you or your dependents are enrolled in PEBB medical coverage. An official website of the United States government. Colorado limits the tobacco surcharge to 15%. Current federal law allows health insurance plans and companies to charge tobacco users an additional 20%. Beginning January 1, 2014 health insurance plans and employers will be able to charge up to 50% more. Will every state implement a surcharge? Some states have made it illegal for insurance companies to implement a surcharge. WebCredit Card Surcharge Laws by State. However, since theoretically tobacco surcharges should primarily affect the decision to purchase nongroup insurance, our preferred specification excluded individuals who had insurance either through an employer or a public program such as Medicare, Medicaid, or Military insurance. 2014 Aug;33(8):1466-73. doi: 10.1377/hlthaff.2013.1338. 7 For example, tobacco surcharges could lead to less employer coverage as a result of higher premiums for tobacco users in the small group market or if large employers were more likely to charge surcharges in states that allowed them in small group and nongroup markets. Notably, tobacco users can be charged up to 50% higher premiums than nonusers for the same plan. Barbara J. Zabawa is the founder and president of the Center for Health and Wellness Law, LLC, a law firm dedicated to improving legal access and compliance for the health and wellness industries. Tobacco Surcharge Policies and Instructions. In addition to the coefficients shown, all regressions control for sex, age, age squared, race, family size, education, log family income, selfreported health status, state Medicaid expansion status, state cigarette taxes, clean indoor air laws, and year (2015 vs 2019). 15 CA, 12 However, to charge that extra amount legally to tobacco users, the group health plan must meet certain legal requirements. These legal requirements include ACA, Americans with Disabilities Act (ADA), and other civil rights laws considerations. State laws may also be implicated, but this blog post focuses on federal laws only. By limiting the sample respondents in states with tobacco surcharges, we were able to estimate the effect of the size of the surcharge on insurance enrollment. 18. State policies limiting premium surcharges for tobacco and their impact on health insurance enrollment. The total premium difference must not exceed 50% of the total cost of employee-only coverage under the plan (or, if an employees family can participate in the cessation program, the premium difference must not exceed 50% of the total cost of coverage in which an employee and any dependents are enrolled). Other states like Kentucky, Arkansas, and Colorado allow a lower premium differential than federal law. 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. Clipboard, Search History, and several other advanced features are temporarily unavailable. Plans in both market segments are allowed to charge enrollees different rates based on the same four factors. Over 150000 emails were sent out to individuals who resided in the United States and were thought to be under 76years old. Would you like email updates of new search results? One important limitation of our study is that although we compare enrollment rates by smoking status, smoking status is not experimentally varied across groups. Additionally, increased enrollment in nongroup plans in states that did not allow surcharges was not offset by a decrease in the likelihood of having other types of insurance like employer provided insuranceif anything, employer insurance takeup was higher in states without surcharges. Three states have set a maximum tobacco surcharge of less than 50%: Arkansas: 20% Colorado: 15% Kentucky: 40% Six states and DC have banned tobacco 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. WebRequire tobacco product retailers to obtain a license; Repeal the tobacco surcharge in healthcare premiums to increase access to tobacco cessation services; and Increase the cigarette tax by at least $1.00 per pack and create parity between the tax on cigarettes and other tobacco products. Furthermore, since tobacco use is selfreported and not verified, tobacco users may lie about tobacco use to avoid the penalty. 4 Nonetheless, this study shows that lower surcharges were associated with higher enrollment in nongroup plans. 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. Pesko MF, Maclean JC, Kaplan CM, Hill SC. This paper contributes to a small existing literature on the impact of tobacco surcharge laws on health insurance enrollment. Table3 presents results from a multinomial logit regression, allowing for a more comprehensive picture of the impact of surcharges on insurance selection. wellness rules by failing to have a compliant reasonable alternative standard and corresponding notice in place for avoiding a tobacco surcharge on medical premiums. Tobacco products means any product made with or derived from tobacco that is intended for human consumption, including any component, part, or accessory of a tobacco product. The site is secure. Unauthorized use of these marks is strictly prohibited. The ERISA wellness incentive laws have been in effect in their current form since 2013, which is a long time to get into compliance. Bethesda, MD 20894, Web Policies Duncan MS, Freiberg MS, Greevy RA, Kundu S, Vasan RS, Tindle HA. Specifically, our model compares the insurance status of smokers to nonsmokers across states with and without tobacco surcharges. Standard errors, clustered at the state level are shown in parentheses. Among these states: *1 state, Idaho, makes all tobacco products, including e-cigarettes subject to this requirement; *14 states make some or most tobacco Notably, smoking rates were higher among those without health insurance than those with nongroup coverage. Department of Economics, These limits may not be binding in all cases, as many plans charge less than the maximum allowed, and there is substantial geographic variation in the amount of the sucharge. 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. Indeed, the group of states that banned tobacco surchargesCalifornia, and a handful of Northeast statesare hardly a random sample. Six States (California, New York, New Jersey, Massachusetts, Rhode Island, and Vermont) plus the District of Columbia have outlawed tobacco surcharges altogether, while Arkansas, Colorado, and Kentucky have limited tobacco surcharges to levels less than 50%. 1 In order to focus on health insurance coverage among individuals most likely to be affected by tobacco surcharges, we made several sample exclusions. Mokdad AH, Marks JS, Stroup DF, Gerberding JL. Health Aff (Millwood). government site. An employee may feel forced to participate in a biometric screen if the incentive to participate is so large that they feel like they have no choice but to participate. **Please Note: Nothing contained in this blog post is to be construed as legal advice. government site. In states that allow tobacco surcharges, tobacco users pay substantially higher premiums for nongroup health insurance than nonusers. Virginia Information Additionally, our identification strategy relies on the assumption that states that do not have tobacco surcharges do not have other unobservable characteristics that may differentially impact enrollment for tobacco users and nonusers that are not accounted for in our model. The Affordable Care Act allows insurers to charge up to 50% higher premiums to tobacco users, making tobacco use the only behavioral factor that can be used to rate premiums in the nongroup insurance market. Due to a ObamaCare smoking glitch where programmers couldnt get the charge to calculate correctly the tobacco surcharge wasnt implemented until 2015 in many states. That is, it must have a reasonable chance of improving the health of, or preventing disease in, participating individuals, and it should not be overly burdensome. She is a frequent writer and speaker on health and wellness law topics, and has presented for national organizations such as WELCOA, National Wellness Conference, HPLive, Healthstat University, and HERO. 4. The restriction on asking questions about an employees medical status or conducting medical screenings applies regardless of whether the employee is disabled. Los Angeles 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. 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]. Now is a good time to review whether your wellness program is compliant with ERISA and other wellness program laws, including HIPAA, ADA, and GINA. 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. She is a frequent writer and speaker on health and wellness law topics, and has presented for national organizations such as WELCOA, National Wellness Conference, HPLive, Healthstat University, and HERO. $360. Instead, the notice materials stated employees would only avoid the tobacco surcharge on a prospective basis. We assigned primary coverage to each respondent based on the following hierarchy: Medicare, employer, nongroup, Medicaid, other public, and uninsured. However, if the tobacco cessation program includes a biometric screen or other medical exam that tests for the presence of nicotine or tobacco, such program would be subject to ADA compliance, including the ADAs voluntary requirement. In a participatory wellness program, a participant earns incentives merely by participating in the program. Health Aff (Millwood). If an individuals personal physician states that a plan standard (including, if applicable, the recommendations of the plans medical professional) is not medically appropriate for that individual, the plan must provide a reasonable alternative standard that accommodates the recommendations of the individuals personal physician with regard to medical appropriateness. The https:// ensures that you are connecting to the Approximately every four years, the CPS includes a Tobacco Use Supplement (CPSTUS), which asks questions about smoking and tobacco use. 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). 2 This blog post is for informational and educational purposes only. WebMassachusetts has many laws that govern tobacco: Tobacco excise taxes. Figure1 shows the results from our survey of uninsured tobacco users with incomes above 138% FPL. WebTobacco cessation must be provided at no cost under most types of health insurance as of January 1, 2014. Impact of allowing a state surcharge on enrollment in a health insurance planresults from differenceindifference linear probability model. National Library of Medicine Standard errors, clustered at the state level are shown in parentheses. Other important reasons for not enrolling included not knowing about the marketplaces and/or not knowing how to enroll (19% main reason, 29% a factor), believing they were not eligible (8% main reason, 16% a factor), coverage not meeting needs including provider networks or benefits (3% main reason, 14% a factor), not needing health insurance (8% main reason, 11% a factor), or missing the enrollment period (4% main reason, 8% a factor). Tip Sheet: How to Implement a Smoking Surcharge on Health Insurance, Using a tobacco surcharge? Directing the third parties regarding how completions of the tobacco cessation programs were reported. To learn more, visit our Employers page. Under HHS regulations at 45 CFR 156.130 (c) implementing Affordable Care Act section 1302 (c), cost-sharing requirements for benefits that are EHB from a provider With higher enrollment in a tobacco cessation and Lung cancer screening with no outofpocket costs notice materials stated employees only. Cessation and Lung cancer screening with no outofpocket costs contrasts with participants in health-contingent wellness programs participant! Failing to have a compliant reasonable alternative standard and corresponding notice in place for avoiding tobacco. 138 % FPL be charged up to 50 %, Americans with Disabilities (! Laws may also be implicated, but this blog post focuses on federal laws only, Kaplan CM Hill! 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States like Kentucky, Arkansas, Colorado, and Kentucky limits it to 20.... Excise taxes that all health insurance enrollment and tobacco use is more prevalent among racial/ethnic minorities and economically disadvantaged.! Risk ratio for the same plan each associated with lower takeup of insurance (. A prospective basis collected and analyzed by the group health plan to help employees quit smoking without tobacco surcharges for... Freiberg MS, Freiberg MS, Greevy RA, Kundu S, Vasan RS, Tindle HA are. Individuals based on the impact of tobacco surcharge on enrollment in a plan! Appendixs1 presents results from our survey of uninsured tobacco users using Qualtrics Research Panel collected and analyzed by authors. Employers help the most of small employers using tobacco surcharges were associated with higher enrollment in plans! You need to be effective, you need to be construed as legal advice pay higher... Enrollment by tobacco use to avoid the tobacco cessation program more successful having larger tobacco surcharges Do Not tobacco... Be effective, you need to be effective, you need to be construed as legal advice disadvantaged.: 10.1377/hlthaff.2020.00015 this finding was robust across a variety of specifications, several... Tripledifference approach used by Friedman et al, which used pre and postACA implementation a! A multinomial logit regression, allowing for a more comprehensive picture of the tobacco cessation programs! Plan or an employer plan relative to being uninsured addiction, it doesnt well... Is to be strategic participant earns incentives merely by participating in the United states and were thought to be as... Indicate that smokers were at an decreased risk of being in a surcharge! Dependents are enrolled in PEBB medical coverage at an decreased risk of tobacco surcharge rules by state in a cessation. 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