Section 135 AHCA allows a wider gap for rates from 3:1 to 5:1
– See MacArthur Amendment – might allow state waivers to any ratio?
Insure Me Kevin.com – How are rates determined
SEC. 135. CHANGE IN PERMISSIBLE AGE VARIATION
Section 2701(a)(1)(A)(iii) of the Public Health Service Act (42 U.S.C. 300gg(a)(1)(A)(iii)), as inserted by section 1201(4) of Public Law 111–148, is amended by inserting after ‘‘3 to 1 for adults (consistent with section 2 2707(c))’’ the following: ‘‘or, for plan years beginning on 3 or after January 1, 2018, as the Secretary may implement through interim final regulation, 5 to 1 for adults (consistent with section 2707(c)) or such other ratio for adults (consistent with section 2707(c)) as the State involved may provide’’.
While an extra charge can be done for smoking, it CA, it isn’t.
(iv) tobacco use, except that such rate shall not vary by more than 1.5 to 1; and
(a)  Prohibiting discriminatory premium rates