The CHOICE Act tracker: what it changes for ICHRA

H.R. 6703 passed the House 216-211 on December 17, 2025. Here is every provision that rewrites ICHRA rules, and what was dropped along the way.

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." Passed the House as H.R. 6703 on December 17, 2025; awaiting Senate action.
  • No federal tax credit: the $100/$50 per-employee small-business credit was in the May 2025 House version of H.R.1 (OBBBA) and was dropped before that law was signed. H.R. 6703 has no credit, so model ICHRA without one.
  • Two design changes employers can plan for now: 90 → 60-day notice and Section 125 pre-tax for on-exchange plans, even before Senate passage.
⚡ Last updated: September 26, 2026. H.R. 6703 passed the House on December 17, 2025 and awaits Senate action.

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 (H.R. 6703), passed by the House in December 2025, would change that permanently. Its CHOICE provisions first appeared in the House version of H.R.1, the One Big Beautiful Bill Act, in May 2025, including a $100/$50 small-business credit, and were removed before that law was signed in July 2025.

Under the bill, ICHRA would be renamed the CHOICE Arrangement (custom health option and individual care expense arrangement). 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. It now needs Senate action. This page does not predict timing or outcome; it tracks what actually happens.

The three provisions that directly rewrite ICHRA rules

The bill also covers association health plans, stop-loss coverage, PBMs and cost-sharing reduction funding. These three provisions 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. Today, without H.R. 6703, the entire ICHRA framework rests 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. 6703 sets the deadline at no later than 60 days before the plan year, with exceptions for employees who become eligible after the notice is given (such as new hires) and for employers first established fewer than 120 days before their first plan year.

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. 6703 amends Section 125(f)(3) to remove that restriction for CHOICE Arrangement participants. Result: employees who shop on Healthcare.gov could pay the part of the premium their allowance does not cover pre-tax through a cafeteria plan, just as off-exchange buyers can today.

Not in the bill: a small-business tax credit. H.R. 6703 contains no tax credit of any kind. The credit of $100 per employee per month (year one) and $50 (year two) for employers under 50 staff that circulated in 2025 came from the House version of H.R.1, the One Big Beautiful Bill Act, and was removed before that law was signed. See the section on the credit below.

"The CHOICE bill now waiting on the Senate has no small-business tax credit. If a pitch still shows $100 per employee per month, it is quoting a version of the bill that no longer exists."

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

The table below shows the status of each provision as of September 26, 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
Small-biz tax credit (<50 ee) None at federal level None. The $100/$50 credit was in the May 2025 House version of H.R.1 and was dropped Not in H.R. 6703
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. 6703 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. 6703 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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What happened to the $100/month credit?

Much of the 2025 coverage of the CHOICE Arrangement, including some sources below, describes a federal tax credit of $100 per enrolled employee per month in year one and $50 in year two for employers with fewer than 50 employees. That credit was part of the House version of H.R.1, the One Big Beautiful Bill Act, passed on May 22, 2025. The Senate removed the CHOICE provisions in June 2025, and the One Big Beautiful Bill Act was signed into law on July 4, 2025 without them.

H.R. 6703, the bill that passed the House in December 2025, brings back the CHOICE Arrangement but contains no tax credit of any kind. Employers should model ICHRA economics without any federal credit.

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

H.R. 6703 is a regular bill, not a budget reconciliation bill. In the Senate it needs 60 votes to end debate (cloture) and overcome a filibuster, not the simple majority that reconciliation allows. It cleared the House 216-211.

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 modelsone 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 clients with fewer than 50 employees should take any federal credit out of their ROI presentations. The $100/month credit is not in H.R. 6703. A year-one comparison should rest on current renewal cost versus allowance cost, with no credit line.

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. 6703 Senate", or subscribe to our weekly digest above.
  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 ICHRA without any federal credit. For sub-50-employee companies: request a side-by-side showing (a) current group renewal cost and (b) ICHRA allowance cost. There is no CHOICE credit to add: it was dropped from H.R.1 in 2025 and is not in H.R. 6703. If your broker's model still includes one, ask where it comes from.

Sources

  1. H.R. 6703, Lower Health Care Premiums for All Americans 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
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Disclaimer InsureICHRA designs and runs Individual Coverage HRAs for employers anywhere in the United States, and publishes the research behind that work. We are not a law firm, an accounting firm or an insurance carrier, and nothing here is legal or tax advice. Enrolling an employee in an individual health plan is handled by licensed agents in the states where they hold a license.InsureICHRA diseña y gestiona Individual Coverage HRAs para empleadores en todo Estados Unidos, y publica la investigación que hay detrás de ese trabajo. No somos un bufete, ni una firma contable, ni una aseguradora, y nada de esto es asesoría legal ni fiscal. La inscripción de un empleado en un plan individual la gestionan agentes con licencia en los estados donde la tienen.
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