Can I be discriminated against regarding my insurance coverage, if I am a smoker?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I be discriminated against regarding my insurance coverage, if I am a smoker?

The company I work for had been providing a basic health plan at no cost to me. The company was recently sold and the new company offer 3 different coverage plans. The first being at no cost. When we were being informed about the plans, the senior VP of operations stated that in order to reduce the number of smokers on their plans, since premiums are more expensive, they were not going to subsidize any smoker’s coverage to be effective this month. I asked the question, if the office manager and I have the same basic plan, her insurance would be paid and mine would not be paid since I am a smoker? The answer was correct, I would have to pay for my coverage, she would not. Is this right?

Asked on June 23, 2014 under Employment Labor Law, Oklahoma

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A person is not discriminated per se because he or she is a smoker when applying for insurance and whether the application is accepted or not. The reason being is that there are attendant risks of insuring a smoker over a not smoker and an insurance carrier is free to deny the applocant or not.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption