SECTION 1: Section 3 of Chapter 176J of the General Laws is hereby amended by striking out subsection (5) and replacing it with the following subsection:-
(5) The commissioner shall annually file with the United States Department of Health and Human Services to establish a standard tobacco use factor which shall not exceed a ratio of one-to-one. A carrier may apply a tobacco use rate factor in a manner permitted under state and federal law that applies to both eligible small groups and eligible individuals; provided, however, that the carrier uses a certification of tobacco use process that has been approved by the commissioner to determine that eligible individuals and their eligible dependents or eligible small group employees and their eligible dependents have not used tobacco products within the past year.
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