Short answer: Yes. Federally the surcharge is capped at 1.5x premium, and seven jurisdictions (six states and DC) ban it entirely. Where it’s allowed, the plan must offer a cessation program that removes the surcharge.
The ACA limits any tobacco surcharge to a 1.5:1 ratio (50% more than a non-user), and it’s one of only four permitted rating factors. States can be stricter: California, DC, Massachusetts, New Jersey, New York, Rhode Island, and Vermont prohibit tobacco rating outright (Connecticut bans it on its Marketplace). Where a surcharge applies, the insurer must offer a tobacco-cessation program, and completing it lets the member avoid or recover the surcharge.
Sources
CMS, Market Rating Reformscms.gov/marketplace/private-health-insurance/market-rating-reformsKFF, tobacco surcharges in the Marketplace and state limitskff.org/faqs/faqs-health-insurance-marketplace-and-the-aca/marketplace-health-plans-and-premiums/can-i-be-charged-higher-premiums-in-the-marketplace-if-i-smoke