The Rules
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Can I Say No to the ICHRA?

ICHRA GuideA Dillingham Benefits resourceReviewed Sep 2026

Yes — once a year, or when your situation changes. When it makes sense, when it doesn't, and how to do it without losing anything.

You can generally decline an ICHRA. Your employer is required to give you the chance to opt out at least once a year, and also when you first become eligible. Here's how to think about it.

Reasons people opt out

Reasons people regret opting out

How it typically works

  1. Your employer sends the ICHRA notice (generally at least 90 days before the plan year starts, or when you're hired).
  2. The notice or enrollment form includes an opt-out election. You sign it — or you don't.
  3. If you opt out, no reimbursements are made for the year. You're free to buy coverage anywhere, including with a tax credit if you qualify.
  4. Next year, you get the choice again.
Mid-year changes
If your circumstances change — a marriage, a new baby, a big change in income — you can generally opt out (or back in) at that point too, and the change may open a Special Enrollment Period on the Marketplace. Talk to HR or your administrator before making a move.
Don't decide on vibes
Opting out is a math problem, not a feeling. Run the affordability check and compare actual dollar amounts before you sign anything.