Rating factor · A permitted surcharge that states can restrict.
Does tobacco use affect your price?
Federal Marketplace rules allow insurers to charge tobacco users up to 50% more, while states can limit how the factor is used.
HealthCare.gov lists tobacco use as one of the factors a Marketplace insurer may use and states that the premium can be up to 50% higher.
Because state rules and application definitions can differ, verify how tobacco rating applies on the official current quote rather than inferring a surcharge from this guide.
Make sure the application is accurate and verify the tobacco-rated amount on the official quote.
What insurers can't use
For the same plan and coverage basis, Marketplace premium rating is bounded by the permitted factors. ACA insurers cannot charge you more for your health status, gender, medical history, or any pre-existing condition — full stop. If your premium feels high, it's one of the five legal factors, not a hidden penalty.
Does your comparison use the same definition?
The premium audit puts the entered amount beside a sourced state record, then checks coverage source, price basis, and plan category. It does not generate a fair-price range.
Financial help requires an official eligibility result —see how Marketplace premium tax credits are determined →
For geographic context, open America's Quotes state records. For a plan-document comparison, use HealthQuoteHero.
Source: HealthCare.gov; ACA rating rules at 45 CFR 147.102. Statutory ratios (3:1 age, 1.5:1 tobacco) are federal limits; some states set stricter rules. General information, not financial advice. Published January 2026 · Last reviewed: August 11, 2026.