If you report inaccurate or false information about your tobacco use on an application, an insurer is allowed to retroactively impose the tobacco surcharge to the beginning of the plan year. However, the insurer is not allowed to cancel your coverage because of the false or incorrect information. (45 C.F.R. § 147.128; “Patient Protection and Affordable Care Act; Health Insurance Market Rules; Rate Review,” (Feb. 27, 2013).)
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