Is it legal for health insurance companies to have higher premiums for the unvaccinated? (WGME)

During a recent “Ask the I-Team” segment on WGME’s Good Day ME, attorney Steve Gerlach answered a viewer question about higher health insurance premiums for people who are unvaccinated.

“The short answer to that is insurance companies aren’t permitted to do that, but employers may do that,” Gerlach said.

Gerlach explained that when it comes to the individual and small group market, premiums can only vary based on age, county, and smoking status, but he noted employers have more wiggle room.

Employers are allowed to have wellness programs, providing incentives for certain kinds of behavior such as not smoking, he explained.

Gerlach said he’s heard of more employers adding the vaccine to that list, which they are legally allowed to do.

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