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Obamacare’s Most Regressive Provision Is Still Hurting Poor Americans: The Smoking Penalty

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Nearly a decade after the passage of the Affordable Care Act, millions of Americans still can’t afford health care.

One particularly regressive part of the law, more commonly known as Obamacare, is the smoking penalty, which allows insurers to charge consumers as high as 50 percent more on premiums if they use tobacco regularly. The law allows states to to mandate a lower surcharge, or no surcharge at all if they choose, however, just 10 states have taken such an action, according to healthmarkets.com.