Is it illegal to not have health insurance in us?

Asked by: Ayla Gaylord  |  Last update: October 27, 2025
Score: 5/5 (43 votes)

In 2017, Congress repealed the individual mandate penalties on the federal level, which went into effect in 2019. This effectively repealed the mandate, as there are no longer consequences for not having health coverage.

Is there a penalty for no health insurance in the US?

The fee for not having health insurance (sometimes called the "Shared Responsibility Payment" or "mandate”) ended in 2018. This means you no longer pay a tax penalty for not having health coverage. If you don't have health coverage, you don't need an exemption to avoid paying a tax penalty.

Is it legal to stay in the US without health insurance?

There currently is no federal law that makes health insurance a legal requirement. However, a few states across the U.S. make it mandatory to have healthcare coverage. If you live in a state where having health insurance is the law, you will have to pay a tax penalty for not complying.

Is health insurance legally required in the US?

Key Takeaways

Health insurance coverage is no longer mandatory at the federal level, as of Jan. 1, 2019. Some states still require you to have health insurance coverage to avoid a tax penalty.

Can you legally not have health insurance?

Most people in California are required to have health coverage. If you do not have health coverage you may have to pay a tax penalty. This is called the “individual mandate.”

Is It Illegal To Not Have Health Insurance? - CountyOffice.org

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What happens if you go to the ER without insurance?

If you have a serious medical problem, hospitals must treat you regardless of whether you have insurance. This includes situations that meet the definition of an emergency. Some situations may not be considered true emergencies, such as: Going to the ER for non-life-threatening care.

Which state does not require health insurance?

New Jersey, California, Rhode Island, Massachusetts, and the District of Columbia require their residents to have health insurance coverage or face penalties. Vermont recommends that residents have coverage, but there's no noncompliance penalty.

Is it illegal to not have insurance in USA?

Even though there is no national individual mandate anymore, some states have passed their own mandates to help keep more people insured at lower costs per person.

Is insurance mandatory for USA?

Travel insurance is not mandatory if you are travelling to the USA. It is completely optional. But, travel insurance is compulsory mostly for Schengen countries. Even though it may not be mandatory, a travel insurance plan for the USA is highly recommended.

Are you forced to have health insurance in the US?

This requirement was known as the individual mandate. But in 2017, Congress passed the Tax Cuts and Jobs Act. While having health insurance was still required, the penalty was reduced to zero dollars. This took effect in 2019.

What happens in U.S. if no health insurance?

What are the financial implications of being uninsured? Uninsured individuals often face unaffordable medical bills when they do seek care. These bills can quickly translate into medical debt since most people who are uninsured have low or moderate incomes and have little, if any, savings.

Who pays for uninsured patients?

Hospitals do get help with the unpaid bills – from taxpayers. The majority of hospitals are non-profits and are exempt from federal, state and local taxes if they provide a community benefit, such as charitable care. Hospitals also receive federal funding to offset some of the costs of treating the poor.

Can you live without medical insurance?

State Mandates: Several states have implemented their own individual mandates. For instance, in California, New Jersey, and Massachusetts, residents are required to have health coverage, and penalties may be imposed for non-compliance. The penalties and enforcement mechanisms differ from one state to another.

Do US hospitals have to treat you without insurance?

In this article, we'll discuss a federal law called the Emergency Medical Treatment and Active Labor Act (EMTALA), which requires almost all hospitals to provide treatment to patients who need emergency medical treatment, regardless of whether the patient has health insurance.

Can you get healthcare in the US without insurance?

Medicaid and the Children's Health Insurance Program (CHIP)

Medicaid and CHIP provide free or low-cost health coverage to millions of Americans, including low-income adults, families and children, pregnant individuals, older adults, and people with disabilities.

How many US citizens don't have health insurance?

The Share of Americans Without Health Insurance in 2023 Remained Low. In 2023, 26 million people — or 8 percent of the population — were uninsured, according to a report in September 2024 from the Census Bureau.

Is insurance required by law in the US?

Car insurance is mandatory in almost every state. State minimums and coverage types vary, but nearly all states that mandate insurance require liability coverage for property damage and bodily injury. The sole exception is Florida, which only requires liability coverage for property damage, in addition to PIP coverage.

When did insurance become mandatory in the US?

Auto insurance became mandatory in the United States starting in the 1920s. Massachusetts was the first state to mandate auto insurance in 1925, followed by other states. Today, auto insurance is mandatory in 48 states since 1970.

Can I go to the doctor without insurance?

Even if you don't have health insurance, you can still see a doctor and receive medical treatment—preventive care, acute care, urgent care, or emergency care. The difficult part is to find services that are affordable.

What happens if you don't pay health insurance?

If you miss a monthly premium payment

Your health insurance company could end your coverage if you fall behind on your monthly premiums. A short period after your monthly health insurance payment is due to pay all owed premiums to avoid losing coverage.

What happens if a tourist gets sick in the USA without insurance?

If a tourist gets sick in the USA without insurance, they are responsible for covering all medical expenses out of pocket. Healthcare in the USA is expensive, and even basic treatments or emergency services can result in significant bills.

Is there a federal penalty for no health insurance?

The ACA's federal tax penalty for not having minimum essential coverage was eliminated after the end of 2018, under the terms of the Tax Cuts and Jobs Act of 2017. Technically, the coverage requirement is still in effect, but there's no longer a federal penalty for non-compliance.

Do all 50 states require insurance?

Auto liability insurance is mandatory in 49 states and the District of Columbia. New Hampshire, the only state that does not require auto liability insurance, requires drivers to show that they are able to provide sufficient funds in the case of an at-fault accident (i.e., financial responsibility).

Does the IRS still require proof of health insurance?

Health care coverage documents

You are not required to send the IRS information forms or other proof of health care coverage when filing your tax return. However, it's a good idea to keep these records on hand. This documentation includes: Form 1095 information forms.