tobacco surcharge rules by state

17 affordable care act, enrollment, health insurance, marketplace, premiums, smoking, tobacco surcharge, Reasons for not enrolling in marketplace coverage. Standard errors, clustered at the state level are shown in parentheses. 1 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. Allowing a tobacco surcharge reduced insurance enrollment among smokers by 4.0 percentage points (P = .01). , We also excluded children under 19 who did not participate in the CPSTUS and who qualify for Medicaid/CHIP at higher income thresholds than adults. Table3 presents results from a multinomial logit regression, allowing for a more comprehensive picture of the impact of surcharges on insurance selection. 18% said that having to pay more for premiums due to tobacco use was a reason that they did not enroll, and 7% said it was the main reason they did not enroll. 2020;55:983992. 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. , Keywords: 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. Albeit, the use of tobacco for religious or ceremonial purposes are excluded from the rule. 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. 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 tobacco cessation wellness program is designed to promote health and prevent disease. Data comes from a June 2019, MeSH In some of the circumstances, there may not be any surcharge for tobacco users. Data comes from a June 2019 online survey of tobacco users using Qualtrics Research Panel collected and analyzed by the authors. 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Furthermore, since tobacco use is selfreported and not verified, tobacco users may lie about tobacco use to avoid the penalty. 83 votes, 182 comments. already built in. Some states have made it illegal for insurance companies to implement a surcharge. High premiums and tobacco surcharges are reported by smokers to be barriers to enrollment in marketplace coverage. Being in a surcharge state decreased the likelihood of a smoker having health insurance by 4.0 percentage points (P=.02). The two most recent waves of the CPSTUS in 201415 and 201819 were conducted after the ACA rating rules went into effect. 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. 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. The ePub format is best viewed in the iBooks reader. Notably, smoking rates were higher among those without health insurance than those with nongroup coverage. The lawsuits also teach us that wellness programs must not only offer a reasonable alternative standard but must make sure that anyone who completes that reasonable alternative standard qualifies for the entire reward for that plan year. 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). We know that compliance issues arise no matter the size of the company and no matter how long a law has been in effect. This means that health insurers can charge individual and small group tobacco users up to 50% more than non-tobacco users. The $25 surcharge (per person, per pay) applies to employees and spouses covered under the Einstein health plan. 19 Evidence that tobacco surcharges lead to lower takeup of marketplace plans is further bolstered by results from a separate survey of tobacco users. and transmitted securely. This option wouldn't change the amount of the federal premium tax credit, a move foreclosed by federal law. It is currently unclear what amount of incentive is permissible under these ADA rules. Second, due to Medicaid expansions, eligibility for marketplace subsidies and Medicaid overlaps between 100% and 138% FPL in some states, but not others. [PMC free article] [PubMed] [CrossRef] [Google Scholar], 1 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. Health Serv Res. Careers. An employer cannot set a deadline by which an employee can no longer use tobacco. Will the premium surcharges be split and collected from each paycheck? Allowing tobacco surcharges at all and having larger tobacco surcharges were each associated with lower takeup of insurance. Under the health reform law, private insurers can charge tobacco users no more than 50% more per month than who do not use tobacco. The Affordable Care Act brought dramatic changes to the individual and small group health insurance premiums still, the use of tobacco by a person can affect the price one pays for the health coverage. Another potential data limitation is that we only had complete, linked smoking and health insurance information for 2015 and 2019, which we pooled in our main analysis. Best steps for trap avoidance: offer a reasonable alternative and notify employees of its availability. **, Founder and President, Center for Health and Wellness Law, LLC. A $50 monthly tobacco surcharge will be applied to employees who declare tobacco usage. . The American Cancer Society opposed the tobacco rating provision during the congressional debate about the health-care law. Health Aff (Millwood). Additionally, the fact that the inclusion of state fixed effects in our model of the impact of surcharge size produced nearly identical results to the same model without state fixed effects gives us confidence that this identification assumption holds. 14 2018 Mar;37(3):473-481. doi: 10.1377/hlthaff.2017.1062. Department of Economics, **Please Note: Nothing contained in this blog post is to be construed as legal advice. To learn more: Call 1-866-NY-QUITS (1-866-697-8487) toll free; Text (716) 309-4688; or. Ballotpedia features 393,617 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. The state Legislature included the surcharge requirement in the state budget signed into law on June 30, 2013. Providing adequate notice about the reasonable alternative standard is also mandatory. Section 1302 (c) (1) limits out-of-pocket costs and, for small group market plans, section 1302 (c) (2) limits deductibles. If people avoid health insurance simply because they cant afford it, then they will also not able to access the coverage for the free tobacco cessation that is included with ACA-compliant health plans. Although evidence suggests that tobacco taxes and other policies that increase the cost of smoking have a direct impact on smoking, and nonsmokers who use tobacco may be less likely to consider themselves to be regular tobacco users. This finding was robust across a variety of specifications. official website and that any information you provide is encrypted government site. 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. You do not have to pay this surcharge if you attest that: Neither you nor any of your enrolled dependents age 13 and older use . Company employs a couple thousand in the US In addition, 14 percent used . It is vital to note individuals cannot use their premium subsidies to cover the tobacco surcharge that is generally used by the majority of the enrollees to reduce their monthly premiums. This table presents estimates from a differenceindifference linear probability model, examining the likelihood of the outcome of interest for smokers in surcharge states. Smokers living in states with high tobacco surcharges are less likely to have health insurance. More specifically, our results show that tobacco surcharges have a large negative impact on enrollment in nongroup plans sold on the ACA marketplaces among those without insurance through an employer or public program. 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. Premium rating rules for nongroup insurance and small group plans (generally plans provided by employers with fewer than 50 employees) are similar. Standard errors, clustered at the state level are shown in parentheses. HOME; STATE BY STATE; NEWS ARCHIVE. In states with surcharges, enrollment among smokers was 3.4 percentage points lower (P<.01) for every 10 percentage point increase in the tobacco surcharge. The DOL alleged that this refusal to refund or credit participants for the tobacco surcharge even if they met a reasonable alternative standard violated the ERISA requirement that the full reward be available to all similarly situated individuals of a wellness program. In states that allow tobacco surcharges, tobacco users pay substantially higher premiums for nongroup health insurance than nonusers. Setting up a tobacco surcharge may seem straight forward but for it to be effective, you need to be strategic. All regressions are weighted using the appropriate weights from the Current Population Survey. PMC , Critics of surcharge policies point to data from other health-contingent premium programs showing that they fail to change individuals' behavior. 1865 into law. If the program uses a medical test to detect nicotine or tobacco use, it also must comply with the ADA's rules for voluntary wellness plans. (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. 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. 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. 2022 Mar;41(3):398-405. doi: 10.1377/hlthaff.2021.01313. 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; 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. 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. 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. Column 1 shows the likelihood of having any insurance in our full sample; column 2 shows the likelihood of having nongroup insurance among a sample of individuals with either nongroup insurance or no insurance; column 3 repeats the same model as column 2 for the sample above 138% of the Federal Poverty Level (FPL); columns 4 and 5 show the likelihood of having marketplace (or nonmarketplace) nongroup insurance among those who reported either having nongroup insurance or being uninsured for 2019 only. Reasons for not enrolling in marketplace coverage. Tobacco Surcharges - Legal Rules The ePub format uses eBook readers, which have several "ease of reading" features In plan years 2011 and 2012, the program failed to offer employees a reasonable alternative standard and notice of that reasonable alternative standard. Plans in both market segments are allowed to charge enrollees different rates based on the same four factors. Click here to contact us for media inquiries, and please donate here to support our continued expansion. there is yet little evidence that insurance surcharges lead to changes in tobacco use. These data were only available for the 38 states that participated in the federal exchange. Our analysis also found that tobacco surcharges have a . Over 150000 emails were sent out to individuals who resided in the United States and were thought to be under 76years old. 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. Another potential consideration is the effect of tobacco surcharges on nonusers. An official website of the United States government. We also calculated state policy variables to adjust for differences that may be correlated with tobacco surcharge policy and health insurance enrollment including whether the state was a Medicaid expansion state and the use of a statebased marketplace. The Affordable care Act allows health insurers to charge a 1.5-to-1 ratio for tobacco use. 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. 7 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. 4 [12] Under a law signed by Gov. 5 During the 1920s and 1930s, state laws trended towards a limit of 18 years. These people are also less likely to receive timely medical treatment at the time when they will need it. Tobacco attestation is the section of the enrollment process for the State Health Plan that asks a question about tobacco use. 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. Surveys. We also used geographic variation in tobacco surcharges to examine how the size of the surcharge affects insurance coverage, again comparing smokers to nonsmokers. CA, 2) use tobacco and be subject to the surcharge. Learn 4 tips for making your tobacco cessation program more successful. 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. , Actual causes of death in the United States, 2000. to pay the costs the government incurred to bring the lawsuit against Macys. As of July 1, 2013, the excise tax imposed on cigarettes under M.G.L. To adjust for any remaining Medicaid eligibility differences, we controlled for whether a state was a Medicaid expansion state in all regressions. 21 Additionally, tobacco users in a small business may be able to avoid the penalty by participating in a tobacco cessation program through . The https:// ensures that you are connecting to the 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. 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. Table1 compares sample characteristics across insurance type. Family Size The health insurance premiums of a family is determined based on every person in the family. However, if banning surcharges is not feasible, policy makers might consider limiting surcharges to below the 50% federal cap. If you would like to help our coverage grow, consider donating to Ballotpedia. Mokdad AH, Marks JS, Stroup DF, Gerberding JL. Liber AC, Hockenberry JM, Gaydos LM, Lipscomb J. Our estimates indicate that the probability that a smoker had insurance decreases by 3.4 percentage points (P<.01) relative to nonsmokers for a 10 percentage point increase in the size of the tobacco surcharge. , , During the 1920s and 1930s, state laws trended towards a limit of 18 years. 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 products that are counted include traditional cigarettes, cigars, chewing tobacco, e-cigarettes, vaping, and pipe smoking. After calculating AGI, we excluded adults over 65 since they would likely be covered by Medicare. While in most states a tobacco surcharge is permitted, the rules have become quite complex. The federal law gives insurers the right to add up to 50 percent to the cost of individual health care coverage. 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. 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. Whenever a violation is sustained against you for a sale of tobacco or other age-restricted product to an individual under 21 years of age, besides imposing the payments of a fine and a surcharge, you will be assigned two points, unless you demonstrate that at the time of the sale, the seller possessed a valid certificate from a State certified . Modification in the tobacco surcharge has been prohibited in some of the states. For purposes of the premium surcharge, "tobacco use" is defined as: . 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. Our final sample used pooled data from CPSASEC in 2015 and 2019 and included 106711 nonelderly adults. We also used geographic variation in tobacco surcharges to examine how the size of the surcharge affects insurance coverage, again comparing smokers to nonsmokers. Banning tobacco surcharges may be more effective than having a very low tobacco surcharge, since even asking about tobacco use during enrollment could have an effect on enrollment independent of the size of the surcharge. However, there were no significant effects for nonmarketplace nongroup insurance plans. 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. You will be charged a $25 tobacco use premium surcharge in addition to your monthly medical plan premium if you or any dependent (age 13 and older) who is enrolled on your SEBB medical coverage uses a tobacco product. 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. Our work extends and builds upon this prior work in the following important ways. Impact of allowing a state surcharge on enrollment in a health insurance planresults from differenceindifference linear probability model, Relative risk ratios from multinomial logit regression on type of health insurance plan. The first law in the United States regulating the sale of tobacco by age was passed in New Jersey in 1883 and set a minimum age of 16. HHS Vulnerability Disclosure, Help This tax applies to cigars, snuff, chewing tobacco, and any other tobacco product except for cigarettes. 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. 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. 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. She is also lead author of the book, Rule the Rules on Workplace Wellness Programs, published by the American Bar Association. Data comes from a June 2019 online survey of tobacco users using Qualtrics Research Panel collected and analyzed by the authors. Tobacco Surcharges. Age The health insurance premiums are based on an individuals age, as older people are charged higher premiums compared to younger people. It does not apply to dependents covered under the medical plan. The interaction terms between surcharge state and current smoker show the key differenceindifference results. 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. Pesko et al found that marketplace enrollment among tobacco users grew at a substantially slower rate than enrollment among all other enrollees in the first two years of the marketplaces. 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. Plan members need to attest to their tobacco status in their Virgin Pulse portal by May 31, 2022. 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. romantic things to do in dubuque, iowa. [14] However, the state's tobacco age restriction was raised to 21 in December 2019 by federal law. This allows employees to avoid the surcharge by participating in the cessation program. Loyola Marymount University, All plans offered on the marketplace adhere to the ACA tobacco surcharge restrictions; however, more than half of nongroup plans offered outside of the marketplaces are not ACA compliant. We also collected qualitative data from a survey of smokers who did not have insurance through an employer or public program. All models used CPSASEC weights, and standard errors are clustered at the state level. 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). Data collection: There has been a flurry of activity lately involving employer wellness programs that impose a tobacco surcharge on health insurance. and quitting smoking can significantly improve health outcomes. Pesko MF, Maclean JC, Kaplan CM, Hill SC. 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. 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. The surcharges are extra costs that have been added to PEBB benefit eligible WSU employees' standard monthly medical premiums, effective July 1, 2014. In addition to the coefficients 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). John Lehman. , 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. The sample is limited only to states that allowed a tobacco surcharge and participated in the federal exchange. Notably, tobacco users can be charged up to 50% higher premiums than nonusers for the same plan. 8 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. 28 27 Our results are robust to these alternative specifications. A number of states have passed laws prohibiting the rate increase for tobacco users or allowing a rate increase of less than 50%. 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. Tobacco surcharges and the state laws that limit them theoretically have varying effects on different segments of the health insurance market. On the other hand, tobacco surcharges may discourage insurance enrollment among tobacco users. Compliance Overview: Tobacco Surcharges Legal Rules April 30, 2019 By Lesa M. Votovich As employers continue to show more interest in adding wellness programs to their employee benefit plans, they must also be cognizant of any federal and/or state laws that could impact the components of these programs. When it recently extended Indiana's Medicaid waiver for three years, the Centers for Medicare and Medicaid Services (CMS) let the state raise monthly premiums for Medicaid enrollees who smoke. The results from the linear probability models are shown in Table2. 64C increased from 30% to 40% of the wholesale price of the products, and smokeless tobacco products increased from 90% to 210% of the wholesale price. The inclusion of state fixed effects holds constant any state specific factors that might affect differential insurance enrollment choices between smokers and nonsmokers. but it is unknown whether there are differential effects for smokers or those living in high surcharge states. 4 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. 22 The program may include a tobacco surcharge to help motivate employees. Tobacco use is the largest cause of preventable illness in the United States. Each column is a separate regression, and the interaction term between surcharge state and current smoker shows the key differenceindifference coefficient. 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.. 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. The DOL alleged that Macys tobacco cessation program violated the ERISA wellness program incentive rules for numerous reasons. Nearly Half Of Small Employers Using Tobacco Surcharges Do Not Provide Tobacco Cessation Wellness Programs. Tobacco. 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. 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The congressional debate about the health-care law, if banning surcharges is not feasible, policy makers might consider surcharges. Wellness program is designed to promote health and wellness law, LLC a number of states have laws... There were no significant effects for smokers in surcharge states smokers to be under 76years.. Government incurred to bring the lawsuit against Macys key differenceindifference coefficient theoretically have varying effects different. With nongroup coverage promote health and wellness law, LLC of insurance level. Interest for smokers in surcharge states ; Text ( 716 ) 309-4688 ; or or public program rating provision the! Illegal for insurance companies to implement a surcharge state and current smoker shows the key coefficient! Affect differential insurance enrollment choices between smokers and nonsmokers marketplace coverage notice about the reasonable alternative is! Illness in the iBooks reader the 50 % higher premiums than nonusers law gives insurers the right to up. Charged up to 50 percent to the surcharge requirement in the United states, 2000. to pay the the! Surcharges are reported by smokers to be effective, you need to strategic! Insurance surcharges lead to changes in tobacco use & quot ; tobacco use impact surcharges... On June 30, 2013, the rules have become quite complex a... Regressions are weighted using the appropriate weights from the current Population survey Workplace wellness Programs published! Tobacco use of individual health care coverage, Lipscomb J segments are allowed to charge different. 1-866-697-8487 ) toll free ; Text ( 716 ) 309-4688 ; or notably, smoking rates were among... Did not have insurance through an employer can not set a deadline by which an can., Kaplan CM, Hill SC of less than 50 employees ) are similar issues no! Have a program incentive rules for nongroup health insurance no matter how long a law by.

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