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I am sorry for this dilemma. But I do not understand the question...are you asking if this is legal?
I am truly sorry to be the one to bear bad news.
It is permissible under both state and federal law for an insurance provider to discriminate based on a persons habits, like smoking. In other words, they can charge you more money for insurance if you smoke.So this is legal...they can test you to see if you smoke or not.
This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that they can not test you, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
It is legal for them to require you to submit to testing if you want a discount (the non smokers discount)Again, sorry to be the one to bear bad news