Can Employers Charge Smokers More For Health Insurance? 
Yes . Application of a premium surcharge for tobacco users has become more common in recent years , primarily in larger groups who self-fund their employee benefits plans as the employer has much more control of the benefit plan design and rate structure than they do with fully insured plans . The Affordable Care Act -LRB- ACA -RRB- , while doing away with pre-existing condition exclusions , does explicitly allow for the adjustment of rates for tobacco use . So , in that sense , tobacco users are the class of employees it is legal to discriminate or penalize for their personal behavior . The ACA is silent on the consumption of Marijuana which may present some interesting situations as more states move to allow the use of medical Marijuana or to legalize its recreational use . 