The Navigator Resource Guide has not been updated for 2025 Open Enrollment. For more current information please visit:
cms.gov/marketplace/in-person-assisters/information-partners.
QUESTION

What happens if I don’t disclose to an insurance company that I use tobacco?

Individuals with no coverage | Comparing Plans: Benefits and Costs |
ANSWER

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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