While the ACA (Obama Care) establishes the means by which the insurance companies can charge more for nicotine users, it's really up to the insurance company on whether or not they will charge higher premiums for THR products. There have been a few posts in other areas of ECF with testimony of people who have had good experiences with their health insurance companies considering vapers as non-smokers, and thereby getting the reduced premiums. I'm guessing that this provision of the law (along with other loopholes) was added to the ACA through lobbying by the big insurance companies, and it probably wasn't a hard sell to either side of the isle.