Can insurance companies discriminate against smokers?
The Cost of Health Insurance for Smokers Vs.
This is because smoking is considered a health risk that can reduce your life expectancy, and life insurance companies reserve higher rates for those that aren't expected to live as long. It's important to note that if you have a smoking-related disease, an insurer may choose to deny your request for a policy.
What happens if I don't disclose to an insurance company that I use tobacco? 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.
In the United States, it depends on what state you live in. About thirty U.S. states have enacted “lifestyle discrimination” statutes that prohibit employers from refusing to hire people on the basis of their status as smokers. In the remaining twenty states, it remains legal for employers to refuse to hire smokers.
It is possible for a life insurer to deny a claim for smoking. If the policyholder lied on their application and said they were a nonsmoker, and the insurer later finds out that this is untrue, it has grounds to cancel the policy or deny paying the death benefit to beneficiaries.
The best way to pass a nicotine test is to avoid nicotine for up to 10 days before the test, as blood tests can still detect cotinine for 10 days. There is no sure way to flush the body of nicotine quickly, but people may try maintaining a healthy lifestyle so that their body works efficiently.
Depending on the sample used for the test, nicotine can be detected for a few days (in your blood, for instance) to up to a year (with a hair test). To be considered a non-smoker for life insurance purposes, providers usually want you to be smoke-free for a year.
Although it's nearly unheard of for an insurer or employer to actively investigate whether you smoke, your doctor will probably note tobacco use in your medical records as a result of routine blood and urine analysis.
Some insurance companies may consider you a smoker on that basis alone. Most insurance companies, however, will consider you a smoker if you have used a tobacco product at least four times per week for the last six months.
People also process nicotine differently depending on their genetics. Generally, nicotine will leave your blood within 1 to 3 days after you stop using tobacco, and cotinine will be gone after 1 to 10 days. Neither nicotine nor cotinine will be detectable in your urine after 3 to 4 days of stopping tobacco products.
Do I have to tell my employer I smoke?
In some, it is legal for an employer to ask you whether you are a smoker, and to hire, or not hire you based on that answer. However, 29 states and the District of Columbia do prohibit discrimination based on legal activities outside the workplace, which includes smoking tobacco.
Some say U-Haul took an extreme approach to smoking, but U-Haul isn't the first company to have a policy against hiring smokers—Alaska Airlines, many healthcare institutions, and the World Health Organization all have similar policies.
State | Year | Code |
---|---|---|
California | 2005 | CA LABOR CODE § 96(k) & 98.6 |
Colorado | 1990 | CO REV. STAT. ANN § 24-34-402.5 |
Connecticut | 2003 | CT GEN. STAT. ANN. § 31-40s |
District of Columbia | 1993 | D.C. CODE ANN. § 7-1703.3 |
Even if you don't consider yourself to be a 'smoker', your insurance company might. As well as cigarettes, cigars, and pipes, for many insurers, including us, you're classed as a smoker if you vape or use nicotine substitutes such as patches, gum or lozenges.
Amount smoked: The average number of cigarettes smoked per day, on days when cigarettes were smoked. Current smoker: An adult who has smoked 100 cigarettes in his or her lifetime and who currently smokes cigarettes.
Most homeowners aren't aware of how much extra smoking can add to a homeowners insurance premium, but experts estimate it's as much as 20 percent more.
Breathing in secondhand smoke can also affect the result. If you haven't smoked or been exposed to nicotine in 7 to 10 days, your cotinine levels start to return to a normal level.
Urine. Results of a urine test depend on how soon you provide the urine sample after your last smoke: If you smoke occasionally, cotinine may be found in your urine for about 4 days. If you are a regular smoker, cotinine may be found in your urine for up to 3 weeks.
The window of detection for cotinine in saliva at a cutoff level of 30 ng/mL is expected to be up to 1-4 days after nicotine use.
Preferred Smoker
This category is for someone who would otherwise fall into preferred rates, but is an occasional nicotine product user or occasionally uses other forms of tobacco.
Does vaping count as smoking for insurance?
Insurers generally treat vaping the same as smoking when determining how much you'll pay for a policy. E-cigarette users can still buy life insurance, but they'll pay two to three times more for coverage than their non-smoking peers regardless of the substance.
Electronic cigarette use is not considered in the definition of current cigarette smoking or any use of tobacco products.
Smoking and chewing tobacco, while not considered pre-existing conditions, will also make it more difficult to get approved and affect how much your life insurance costs. Quitting can result in a lower premium, depending on how long it's been since you stopped.
If you start smoking after a life insurance policy has been taken out, the insurer cannot raise your premium. But it is a good idea to read the small print and check with the insurer you are interested in. Sometimes the terms and conditions of a policy will require you to disclose if you start smoking.
Within six months your stress levels are likely to have dropped, and you are less likely to be coughing up phlegm. After one year your lungs will be healthier and breathing will be easier than if you'd kept smoking.
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