Can You Get Health Insurance If You Smoke? 
Yes . Being a tobacco user is about the only thing it is legal to discriminate against though under the Affordable Care Act so you may be assessed a tobacco use penalty , especially in the individual health insurance market but such penalties are becoming more common in the group market as well . The law allows up to a 50 % surcharge to be applied to your premiums though some states have set the surcharge at a lower level and not all carriers have opted to apply the tobacco penalty on their products . 