Employer-Provided Health Insurance Tobacco Use Charges  – Class Action Investigation

Chimicles Schwartz Kriner & Donaldson-Smith is investigating potential class action claims on behalf of participants in employer-provided health plans who may have been charged higher amounts due to their disclosure of nicotine product use. Specifically, certain group health plans offered by employers may impermissibly collect additional premiums from tobacco or nicotine users without providing the option to avoid such charges by participating in a wellness program. These charges may violate certain antidiscrimination and fiduciary provisions of the Employee Retirement Income Security Act (“ERISA”) if plan participants are not offered a reasonable alternative standard as a way for plan participants to avoid the surcharge. For example, programs that require participants to cease using tobacco or nicotine products to qualify for discounts may violate applicable regulations.   

If you are participant in a group health plan provided through your employer, and were charged with a plan premium tobacco use surcharge, please fill-out the provided form below with details of your situation.