Is it illegal to not use health insurance if you have it?

Asked by: Jillian Lehner PhD  |  Last update: March 21, 2025
Score: 4.1/5 (72 votes)

While it is not illegal to self-pay if you have insurance, we always encourage individuals to have the right health plans to ensure they are prepared for significant medical expenses. Still, we know that there are times when it does not make sense to file a claim with the insurance company.

Is it illegal to not use insurance if you have it?

In most cases, it's not illegal to pay out of pocket for health services instead of using your insurance. Medical providers generally accept cash payments, and the law doesn't mandate that you use your insurance for every visit or procedure.

Can I ask for cash instead of health insurance?

Yes, you can decide to pay cash and not use insurance, but this decision has to happen before the insurance is billed at all, and you have to sign something that indicates you understand what you're doing.

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?

As of 2020, California residents must have MEC for the entire calendar year or pay a penalty when filing their income tax return. This mandate applies to each resident, including their spouse (or domestic partner) and any claimed dependents. If you qualify, you can claim an exemption to the penalty on your tax return.

Is It Illegal To Have No Health Insurance? - InsuranceGuide360.com

20 related questions found

Can you have health insurance and not use it?

This means that it is not illegal to not use your health insurance for medical services. Medicare patients may have different requirements. Patients can elect to pay for medical services if they find it in their best interest to pay for them directly.

Can I 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.

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 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.

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.

Can a patient choose to not use their insurance?

You may choose not to use insurance if the service you need isn't covered, or it's less expensive if you pay out of pocket. In most cases, providers and facilities must give you an estimate when you schedule care at least 3 business days in advance, or if you ask for one.

Is it cheaper to not use health insurance?

People without insurance pay, on average, twice as much for care. This means when you use a network provider you pay less for the same services than someone who doesn't have coverage – even before you meet your deductible. Sometimes these savings are small.

Is it better to pay cash or use insurance?

If you're just sticking to routine care, paying cash could actually save you money—especially if your dentist offers discounts for self-pay patients. That said, insurance can be a lifesaver for pricier procedures like crowns or root canals. Even if it doesn't cover everything, it can take a big chunk out of your bill.

Can you pay cash instead of using medical insurance?

In general, individuals are not required by law to use their health insurance and DO have the option to pay cash for medical services just like Mary ended up doing with her MRI. But it is also important to check with the contractual specifics that come with your purchased health coverage.

Is it illegal to pay out of pocket if you have health insurance?

It's not illegal to self-pay your medical bills, even if you have insurance, and sometimes it makes sense to do it. But if your insurance often doesn't cover what you need, or you never reach the deductible amount, it may be time to make a switch.

How much is a hospital bill without insurance?

The average per-day hospital cost in the U.S. is $2,883, with California ($4,181) the most expensive, and Mississippi ($1,305) the least. The average hospital stay is 4.6 days, at an average cost of $13,262. If surgery is involved, hospital costs soar through the roof.

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.

Do U.S. 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 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.

Is health insurance still mandatory in the US?

As of 2019, there's no more individual mandate. This means you don't have to enroll in health insurance to avoid paying a penalty fee, in most states. If you're 30 or older and want to enroll in a “Catastrophic” plan, you must claim a hardship exemption to qualify.

Can I stay in US without health insurance?

The United States government does not require most expatriates or even US citizens to obtain health insurance in America.

Can a doctor refuse to treat a patient without insurance?

Uninsured individuals requiring emergency medical attention enjoy treatment because failing to treat them is illegal. On the other hand, for-profit health facilities can deny services to patients who cannot pay for non-emergency care.

Can I buy health insurance and use it immediately?

Many, but not all, short term health insurance plans can take effect the day after your application is received.

How much do most ER visits cost?

Average ER visit cost

An ER visit costs $1,500 to $3,000 on average without insurance, with most people spending about $2,100 for an urgent, non-life-threatening health issue. The cost of an emergency room visit depends on the severity of the condition and the tests, treatments, and medications needed to treat it.