The CHOICE Act tracker: what it changes for ICHRA

H.R.1 passed the House 216-211 on December 17, 2025. Here is every provision that rewrites ICHRA rules, updated as the Senate moves.

Congressional chamber interior with stacked regulatory documents and an individual health insurance card, documentary editorial style

TL;DR

  • Statute vs. regulation: The CHOICE Act codifies ICHRA into federal law — eliminating reversal risk — and renames it the "CHOICE Arrangement." House-passed; Senate timeline uncertain as of April 2026.
  • $100/employee/month tax credit in year one for employers under 50 staff — on a 20-person company that is $24,000 back in year one.
  • Three design changes employers can plan for now: 90 → 60-day notice, Section 125 on-exchange pre-tax, and $500/$1,000 wellness expense expansion — even before Senate passage.
Last updated: April 28, 2026. H.R.1 is in the Senate. No committee vote has been scheduled. This page updates when the Senate acts. Subscribe to the weekly digest below for real-time alerts.

What exactly is the CHOICE Act — and why does the name change matter?

ICHRA was born in 2019 not from an act of Congress but from a presidential executive order and the final rule that followed. That means a future administration could, in theory, undo it the same way. The Lower Health Care Premiums for All Americans Act — embedded in the broader One Big Beautiful Bill Act (OBBBA), H.R.1 — would change that permanently.

Under the bill, ICHRA would be renamed the CHOICE Arrangement (Customized Health Options for Individuals and Consumers through Employer-Sponsored Arrangements). The name is branding, but the mechanism is substantive: a statute cannot be erased by a regulatory rollback. For employers considering a multi-year benefits strategy, that permanence is worth real money in planning confidence.

The bill passed the House 216-211 on December 17, 2025, a narrow margin that signals Senate turbulence ahead. Republican leadership has indicated they want Senate passage before the August recess, but as of late April 2026 no committee markup date has been set.

The five provisions that directly rewrite ICHRA rules

The bill contains dozens of healthcare provisions. These five affect ICHRA plan design directly. Employers and brokers should understand each before advising on 2026-2027 plan-year decisions.

1. Statutory permanence. The CHOICE Arrangement is written into the Internal Revenue Code, making it immune to reversal by executive action alone. Prior to H.R.1, the entire ICHRA framework rested on a regulation — 26 CFR §54.9802-4 and parallel Treasury guidance — that any successor administration could rescind via the Administrative Procedure Act.

2. Notice period: 90 days → 60 days. Employers currently must provide written ICHRA election notice at least 90 days before the plan year begins. H.R.1 reduces this to 60 days for established companies, with a further exception for newly formed employers (operating fewer than 120 days) and for new hires who receive notice concurrent with their offer letter.

3. Section 125 pre-tax for on-exchange plans. This is the sleeper provision. Under current law, employees may reduce salary pre-tax through a Section 125 cafeteria plan for off-exchange (direct-from-insurer) individual premiums, but not for plans purchased on the ACA Marketplace. H.R.1 removes that restriction. Result: employees who shop on Healthcare.gov can now route their ICHRA allowance and any personal contribution through a Section 125 plan, reducing their taxable income on the full purchase — not just the employer contribution.

4. Wellness and physical activity expense expansion. The bill expands qualified medical expenses reimbursable through a CHOICE Arrangement to include gym memberships and physical activity costs, up to $500 per individual or $1,000 per family per year. This is a meaningful quality-of-life add-on for employers trying to differentiate their allowance from a pure premium subsidy.

5. Small-business tax credit: $100/month in year one. For employers with fewer than 50 employees, H.R.1 creates a federal tax credit equal to $100 per participating employee per month in the first year the employer offers a CHOICE Arrangement, declining to $50 per employee per month in year two. The credit phases out above 50 employees. This is the provision most likely to move the needle for Persona 1 — the small business owner currently paying $600-900 per employee per month for a group plan.

"A $100-per-employee-per-month federal credit on a 20-person ICHRA does not just save money — it turns the employer into a net beneficiary of the switch in year one."

Side-by-side: current ICHRA rules vs. CHOICE Act provisions

The table below shows the status of each provision as of April 28, 2026. "In effect" means it applies today under existing rules. "Pending" means it requires Senate passage and presidential signature.

Provision Current rule (2026) CHOICE Act version Status
Legal basis Executive / regulatory (26 CFR §54.9802-4) Federal statute (Internal Revenue Code) Pending Senate
Name ICHRA CHOICE Arrangement Pending Senate
Employee notice period 90 days before plan year 60 days (new-hire / 120-day exceptions) Pending Senate
Section 125 on on-exchange plans Not permitted (off-exchange only) Permitted on and off-exchange Pending Senate
Wellness / fitness reimbursement Not a qualified medical expense $500 individual / $1,000 family per year Pending Senate
Small-biz tax credit (<50 ee) None at federal level $100/ee/mo yr 1 → $50/ee/mo yr 2 Pending Senate
ICHRA affordability threshold (2026) 9.96% of household income Unchanged In effect now
APTC / ICHRA double-dip rule Cannot combine ICHRA + APTC if ICHRA is "affordable" Unchanged In effect now
11 employee classes Permitted under 26 CFR §54.9802-4 Carried forward into statute In effect now

What the CHOICE Act does NOT fix — and why that matters

The CHOICE Act improves ICHRA meaningfully. It does not repair its most structurally painful feature for employees: the APTC double-dip rule. If an ICHRA offer is deemed "affordable" under the 9.96% household income test, the employee is blocked from Marketplace subsidies — even if the subsidy would be larger than the ICHRA allowance in net terms.

H.R.1 as passed by the House does not amend IRS Reg. §1.36B-2, the provision that governs APTC eligibility when an employer offers minimum value coverage. Employees remain in the same bind: an ICHRA that covers a benchmark Silver plan at the 9.96% threshold is "affordable," and their APTC disappears.

Three other gaps H.R.1 does not address: it does not expand Marketplace carrier availability in rural counties where 0-1 plans exist; it does not create a federal ICHRA agent compensation standard; and it does not create a mandatory employee decision-support tool (though the Section 125 on-exchange fix slightly reduces the pressure on employees by making Marketplace purchases cheaper).

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The $100/month credit in plain math: what it means for a 15-person company

The small-business tax credit is the provision most likely to drive net-new ICHRA adoption. Let us put concrete numbers on it.

Take a 15-person services firm in Orlando, FL. Their 2026 group renewal came in at $820 per employee per month (employer share). They are considering an ICHRA at a $600/month flat allowance for all full-time employees. Under current rules the switch saves them $220/employee/month in direct cost — a $39,600 annual reduction for 15 employees.

Add the CHOICE Act credit in year one: $100 × 15 employees × 12 months = $18,000 additional federal credit. Total year-one benefit: $57,600. In year two the credit drops to $50/employee/month — still $9,000 in federal savings on top of the allowance reduction.

These numbers do not include the Section 125 on-exchange benefit to employees, which effectively lowers the employee's after-tax cost on Marketplace premiums and makes the ICHRA allowance stretch farther in a way that reduces employee resistance to the switch.

Important caveat: the credit requires Senate passage. Employers should model the economics both with and without it before making a plan-year decision. The math with the credit is better; the math without it is still often favorable for employers above 10 employees compared to group plan renewals running at 8-12% per year.

Senate path: what has to happen for this to become law

H.R.1 is a reconciliation vehicle, which means Senate Republican leadership is attempting to pass it with 51 votes rather than the 60 needed to break a filibuster. That is the mechanism that allowed it to clear the House with a narrow 216-211 majority. In the Senate, reconciliation creates its own constraints — the Byrd Rule prohibits provisions that are "merely incidental" to budget reconciliation. Some ICHRA provisions could face a point of order challenge.

The CHOICE Act ICHRA provisions are likely to survive Byrd Rule scrutiny because they have a direct budget score — the small-business tax credit and Section 125 expansion both affect federal revenue. However, the statutory-permanence rename (ICHRA → CHOICE Arrangement) may be challenged as policy rather than fiscal.

Three Senate scenarios and their implications:

What employers and brokers should do right now — regardless of Senate outcome

The CHOICE Act creates planning uncertainty, but it does not create planning paralysis. There is a set of moves that make sense under all three Senate scenarios above.

First: employers who are already on an ICHRA or actively evaluating one for January 2027 should run dual affordability models — one using the existing 90-day notice timeline (which puts the notice deadline for a January 2027 start at October 3, 2026) and one using the 60-day window (November 2, 2026). Don't let administrative planning depend on Senate timing.

Second: brokers advising <50-employee clients should model the CHOICE Act credit into their year-one ROI presentation as a scenario, clearly labeled "pending Senate passage." The $100/month figure is not guaranteed, but its existence as a realistic possibility materially changes how employers evaluate switching cost.

Third: any employer considering ICHRA for a workforce that currently buys on-exchange individual plans should understand the Section 125 on-exchange provision in detail. If it passes, it changes the employee's net cost calculation meaningfully — which in turn affects whether employees opt out of the ICHRA or accept it.

What to do this week

  1. Set a Senate tracking alert. Use Google Alerts for "CHOICE Act Senate" or "H.R.1 reconciliation vote" — or subscribe to our weekly digest above. The window for Senate action is May-August 2026.
  2. Model your allowance under both notice timelines. For a January 1, 2027 plan year: 90-day notice = October 3, 2026 deadline. 60-day notice = November 2, 2026. Build your benefits calendar around October 3 — if the 60-day rule passes before then, you gain a month; if it doesn't, you aren't scrambling.
  3. Run the affordability calculator for your lowest-paid employee. The 9.96% household income test is unchanged. Use the CMS LCSP Look-Up Table for 2026 or our free tool at /tools/affordability.html to verify your allowance clears the affordability line for every class you plan to cover.
  4. Brief your employees on the APTC trade-off — now, before any transition. The CHOICE Act does not change the double-dip rule. Any employee currently receiving Marketplace subsidies needs a clear explanation of what an "affordable" ICHRA offer means for their subsidy eligibility. Employer confusion here is the #1 source of workforce backlash.
  5. Ask your broker to model the year-one credit scenario. For sub-50-employee companies: request a side-by-side showing (a) current group renewal cost, (b) ICHRA allowance cost with no credit, and (c) ICHRA allowance cost with the $100/ee/month CHOICE Act credit. If your broker can't produce that model, that itself is information.

Sources

  1. H.R.1 — One Big Beautiful Bill Act, 119th Congress (Congress.gov)
  2. PeopleKeep — What Is the CHOICE Arrangement?
  3. Core Documents — CHOICE HRA and H.R.1 (One Big Beautiful Bill Act)
  4. Venteur — How the One Big Beautiful Bill Transforms ICHRA into CHOICE
  5. Remodel Health — What Is the CHOICE Arrangement?
  6. Peterson-KFF Health System Tracker — Explaining ICHRAs
  7. IRS — Questions and Answers on the Premium Tax Credit
  8. Becker's Payer — Will 2026 Be the Year of ICHRA?
  9. Gravie — 2026 ICHRA Forecast for Small and Midsize Businesses
  10. LHD Benefit Advisors — January 2026 Compliance Brief

Not sure whether to wait for the Senate or act now?

A licensed independent agent can model your 2026 ICHRA economics — with and without the CHOICE Act credit — and help you set the right notice deadline. Free, no-pressure consultation. We are not a vendor; we route to vetted independent agents only.

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Disclaimer — InsureICHRA is an independent publication providing educational and informational content about Individual Coverage HRAs. We are not a law firm, accounting firm, insurance carrier, ICHRA administrator, broker-dealer, or registered investment advisor. Nothing on this site constitutes legal, tax, financial, or insurance advice. Information may become outdated and may not apply to your specific situation. Consult licensed professionals before making any decision.— InsureICHRA es una publicación independiente con contenido educativo. No somos abogados, contables, aseguradora, administrador ICHRA, ni asesor financiero. Nada en este sitio constituye asesoría legal, fiscal, financiera o de seguros. Consulta profesionales con licencia antes de tomar cualquier decisión.