State policies limiting premium surcharges for tobacco and their impact on health insurance enrollment. They found that 16 percent of the 278 small employers used tobacco surcharges, yet 47 percent of those companies failed to offer tobacco cessation counseling. 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. This tax applies to cigars, snuff, chewing tobacco, and any other tobacco product except for cigarettes. A $25 tobacco use premium surcharge is required in addition to your medical plan premium if you or a dependent (age 13 and older) enrolled on your PEBB medical uses a tobacco product. Federal government websites often end in .gov or .mil. Help expand Ballotpedia's elections coverage - volunteer with us. Finally, we supplemented our main findings with qualitative data from a survey that provides more contexts for how tobacco surcharges may influence enrollment in nongroup plans. She is also lead author of the book, Rule the Rules on Workplace Wellness Programs, published by the American Bar Association. 2018 Mar;37(3):473-481. doi: 10.1377/hlthaff.2017.1062. 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. Would you like email updates of new search results? To learn more, visit our Employers page, Determining which participants were charged the tobacco surcharge, Determining which participants were reimbursed the tobacco surcharge, Withholding the tobacco surcharge from a participants paycheck and placing it in the health plan trust account; and. Our analysis also found that tobacco surcharges have a . 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. An employer cannot set a deadline by which an employee can no longer use tobacco. 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. 2022 Mar;41(3):398-405. doi: 10.1377/hlthaff.2021.01313. 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. States that did not sign legislation had their age restriction raised to 21 by federal law in December 2019. 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. 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. Tobacco surcharge has also been prohibited in Connecticut but only for plans that are sold through the states health insurance exchange. According to our estimates, the presence of a tobacco surcharge decreased the likelihood of enrollment in a nongroup plan by 9.0 percentage points (P<.01) among smokers without insurance through an employer or public program. 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. 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 . [4] On December 20, 2019, President Donald Trump (R) signed H.R. Bookshelf Liber AC, Hockenberry JM, Gaydos LM, Lipscomb J. 3 Objective: 8600 Rockville Pike Box 200130 Helena, MT 59620-0130 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. An employee must be able to avoid the surcharge by completing the alternative, even if the employee fails to quit smoking. You may switch to Article in classic view. Click here to contact our editorial staff, and click here to report an error. The tobacco products that are counted include traditional cigarettes, cigars, chewing tobacco, e-cigarettes, vaping, and pipe smoking. Other states like Kentucky, Arkansas, and Colorado allow a lower premium differential than federal law. 9 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. 2. First, we used data that link detailed health insurance information including plan type with tobacco use data, which allowed us to examine the impact of tobacco surcharges on enrollment decisions for each market segment, rather than just the likelihood of being insured in any health insurance plan. 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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. Tobacco users will pay a surcharge for their health plan coverage beginning July 1, 2022. What is a tobacco surcharge? Figure1 shows the results from our survey of uninsured tobacco users with incomes above 138% FPL. 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. 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. Cameron M. Kaplan, PhD and Erin K. Kaplan, PhD. More Benefits Insight Cafeteria Plan COLA May Require . 7 to not pay the monthly surcharge) for 2023. 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. Descriptive statistics from linked CPSASEC and CPSTUS data pooled across 2015 and 2019. How Much Protected Are You After Being Vaccinated against COVID-19? 5 10.1111/1475-6773.13577 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. 2. Some states have set more restrictive limits on rating for tobacco use, and several states have outlawed tobacco premium surcharges altogether. 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). 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). 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. 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. All states with a minimum tobacco age of 21 decreased the limit. 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. We compared insurance enrollment in states that did and did not allow tobacco surcharges, using a difference-in-difference approach to compare the policy effects among smokers and nonsmokers. the display of certain parts of an article in other eReaders. The inclusion of state fixed effects holds constant any state specific factors that might affect differential insurance enrollment choices between smokers and nonsmokers. Our approach differs from the tripledifference approach used by Friedman et al, which used pre and postACA implementation as a third difference. Click here to contact us for media inquiries, and please donate here to support our continued expansion. Directing the third parties regarding how completions of the tobacco cessation programs were reported. 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. The American Cancer Society opposed the tobacco rating provision during the congressional debate about the health-care law. surcharge cannot exceed 50 percent of the total cost of health coverage. Theoretically, tobacco surcharges could lead to lower premiums for nonusers, which could potentially lead to higher enrollment among that group. Approximately every four years, the CPS includes a Tobacco Use Supplement (CPSTUS), which asks questions about smoking and tobacco use. If dependents (such as spouses and/or dependent children) may participate in the wellness program, the reward must not exceed 30 percent (or 50 percent) of the cost of the coverage in which an employee and any dependents are enrolled. One key difference is that tobacco users in small group plans can avoid paying the surcharge by enrolling in a tobacco cessation program. The employer determined tobacco use status through an affidavit completed by each employee covered under the employer group health plan. However, the interaction term between nonsurcharge state and current smoker was only statistically significant at P<.05 for nongroup insurance, which gives us confidence in the specifications presented in Table2 that excluded individuals with insurance through an employer or public program. 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. 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. State Specific Rating Variations. 27 The survey included tobacco users age 1864 with incomes above 138% FPL who reported being uninsured or insured through a marketplace plan. For purposes of the premium surcharge, "tobacco use" is defined as: . , It is worth noting that the relative risk ratio for the interaction term was marginally significant for employer sponsored health insurance. The tobacco surcharge only applies to UAB employees. Column 3 repeats the specification from column 2 and confirms that the relationship is stronger among this population. Albeit, the use of tobacco for religious or ceremonial purposes are excluded from the rule. USA, 2 Results showing the impact of the size of tobacco surcharges are presented in Table4. Current federal law allows health insurance plans and companies to charge tobacco users an additional 20%. 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