June 2007 News Update
Guidance on Health Savings Accounts
Set forth below are six common questions and answers concerning HSAs:
Q-1. What is an HSA?
A-1. An HSA is a tax-exempt trust or custodial account established exclusively
for the purpose of paying qualified medical expenses of the account beneficiary
who, for the months for which contributions are made to an HSA, is covered
under a high-deductible health plan.
Q-2. Who is eligible to establish an HSA?
A-2. An "eligible individual" can establish an HSA. An "eligible individual" means,
with respect to any month, any individual who: (1) is covered under a highdeductible
health plan (HDHP) on the first day of such month; (2) is not also
covered by any other health plan that is not an HDHP (with certain exceptions for
plans providing certain limited types of coverage); (3) is not enrolled in Medicare
(generally, has not yet reached age 65); and (4) may not be claimed as a
dependent on another person's tax return.
Q-3. What is a "high-deductible health plan" (HDHP)?
A-3. Generally, an HDHP is a health plan that satisfies certain requirements with
respect to deductibles and out-of-pocket expenses. Specifically, for self-only
coverage, an HDHP has an annual deductible of at least $1,000 and annual outof-
pocket expenses required to be paid (deductibles, co-payments and other
amounts, but not premiums) not exceeding $5,000. For family coverage, an
HDHP has an annual deductible of at least $2,000 and annual out-of-pocket
expenses required to be paid not exceeding $10,000. In the case of family
coverage, a plan is an HDHP only if, under the terms of the plan and without
regard to which family member or members incur expenses, no amounts are
payable from the HDHP until the family has incurred annual covered medical
expenses in excess of the minimum annual deductible. Amounts are indexed for
inflation. A plan does not fail to qualify as an HDHP merely because it does not
have a deductible (or has a small deductible) for preventive care (e.g., first dollar
coverage for preventive care). However, except for preventive care, a plan may
not provide benefits for any year until the deductible for that year is met. See A-4
and A-6 for special rules regarding network plans and plans providing certain
types of coverage.
Example (1): A Plan provides coverage for A and his family. The Plan provides
for the payment of covered medical expenses of any member of A's family if the
2
member has incurred covered medical expenses during the year in excess of
$1,000 even if the family has not incurred covered medical expenses in excess of
$2,000. If A incurred covered medical expenses of $1,500 in a year, the Plan
would pay $500. Thus, benefits are potentially available under the Plan even if
the family's covered medical expenses do not exceed $2,000. Because the Plan
provides family coverage with an annual deductible of less than $2,000, the Plan
is not an HDHP.
Example (2): Same facts as in example (1), except that the Plan has a $5,000
family deductible and provides payment for covered medical expenses if any
member of A's family has incurred covered medical expenses during the year in
excess of $2,000. The Plan satisfies the requirements for an HDHP with respect
to the deductibles. See A-12 for HSA contribution limits.
Q-4. What are the special rules for determining whether a health plan that is a
network plan meets the requirements of an HDHP?
A-4. A network plan is a plan that generally provides more favorable benefits for
services provided by its network of providers than for services provided outside
of the network. In the case of a plan using a network of providers, the plan does
not fail to be an HDHP (if it would otherwise meet the requirements of an HDHP)
solely because the out-of-pocket expense limits for services provided outside of
the network exceeds the maximum annual out-of-pocket expense limits allowed
for an HDHP. In addition, the plan's annual deductible for out-of-network
services is not taken into account in determining the annual contribution limit.
Rather, the annual contribution limit is determined by reference to the deductible
for services within the network.
Q-5. What kind of other health coverage makes an individual ineligible for an
HSA?
A-5. Generally, an individual is ineligible for an HSA if the individual, while
covered under an HDHP, is also covered under a health plan (whether as an
individual, spouse, or dependent) that is not an HDHP. See also A-6.
Q-6. What other kinds of health coverage may an individual maintain without
losing eligibility for an HSA?
A-6. An individual does not fail to be eligible for an HSA merely because, in
addition to an HDHP, the individual has coverage for any benefit provided by
"permitted insurance." Permitted insurance is insurance under which
substantially all of the coverage provided relates to liabilities incurred under
workers' compensation laws, tort liabilities, liabilities relating to ownership or use
of property (e.g., automobile insurance), insurance for a specified disease or
illness, and insurance that pays a fixed amount per day (or other period) of
hospitalization.