Employers Smoker or Vaping Surcharges Investigation
By Steve Levine
Image Credit: Unsplash | Published: September 16, 2025
What is this Healthcare Surcharges Investigation?
The review focuses on whether employees who smoke or vape were charged additional health insurance fees, sometimes called smoker surcharges or nicotine surcharges, and whether those charges complied with applicable laws and plan rules.Who May Be Eligible for Compensation?
You currently work or previously worked for a U.S. employer in the last six years, you smoked or vaped during employment, and you received employer sponsored health insurance. Eligibility can vary by plan terms and state law.How Much Compensation Might Be Available?
Possible reimbursement of certain surcharges or related out of pocket costs if rules were violated. No results are guaranteed. Each submission is reviewed on its own facts.Which Companies are Included in the Surcharge Investigation?
The investigation is not limited to a single employer. Reports of smoker or vaping surcharges have surfaced across several major organizations. Employees from the following companies may be affected if surcharges were applied improperly:• US Bank
• USPI (United Surgical Partners International)
• GardaWorld
• Leidos Health
How Do I Pre-Qualify?
Use the form below to share your details. You can submit without documents now. If available, upload pay stubs or benefits statements that show a smoker or nicotine surcharge.Is there a Deadline to File a Claim?
This investigation is open. There is no court approved claim deadline at this time. If a lawsuit or settlement is announced, timelines may change.Can Employers Charge Higher Healthcare Fees for Smokers or Vapers?
Yes, under federal law employers can charge higher health insurance premiums for employees who use tobacco, but only within certain limits. The Affordable Care Act allows insurers to apply up to a 50% surcharge on tobacco users, though some states have stricter rules or bans.Are Smoker or Vaping Surcharges Legal Under Federal Law?
Smoker surcharges are legal under federal law if they comply with the Affordable Care Act wellness program provisions. Employers must offer a reasonable alternative program to help employees quit smoking, such as counseling or nicotine replacement therapy, for the surcharge to be valid.Do Wellness Programs Permit Nicotine Testing?
Yes, many employer wellness programs use nicotine or cotinine testing to verify whether an employee uses tobacco products. If a plan charges a smoker surcharge or offers a non-smoker discount, employees must be given a chance to qualify by completing a reasonable alternative program.Do Any States Limit Smoker Healthcare Surcharges?
Several states restrict or prohibit smoker surcharges on health insurance, including California, New York, New Jersey, Massachusetts, Vermont, Rhode Island, and the District of Columbia. In these states, employers and insurers cannot impose higher premiums based solely on tobacco use.How Do I Know if I was Charged a Smoker or Vaping Surcharge?
Check your pay stubs, health plan enrollment forms, or benefits statements for a line item such as “tobacco surcharge” or “nicotine surcharge.” Sometimes these charges appear as higher monthly health insurance premiums compared to non-smokers. HR or benefits emails may also explain when and why the surcharge was applied.Leidos Health Emplyoyees
GardaWorld Emplyoyees
USPI (United Surgical Partners) Emplyoyees
US Bank Emplyoyees
Sources
• Affordable Care Act Implementation FAQs• State Policies Limiting Premium Surcharges for Tobacco — NCBI/PMC
• American Lung Association — Tobacco Cessation Treatment: What Is Covered?
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File Claim| Investigation Summary | |
| Status | Open Investigation |
|---|---|
| Potential Compensation | Varies by case |
| Claim Deadline | Pending |
| Who May Qualify | Employees within 6 years who smoked or vaped and had employer health insurance |
| What To Gather | Pay stubs or benefits statements showing a smoker surcharge, plan documents, HR emails |