FSAs are available only if offered by your employer as part of your benefits; self-employed individuals generally cannot have an FSA.
You don’t need to be enrolled in a specific health insurance plan to have a general Health Care FSA – any benefits-eligible employee whose company offers an FSA can participate. (However, note that if you are enrolled in an HSA, you typically cannot enroll in a full Health Care FSA at the same time, because IRS rules prevent dual use. You might be offered a limited-purpose FSA in that case, which we’ll touch on later.) Dependent Care FSAs are also employer-dependent and subject to IRS rules.