Efficient April 1, 2022, high-deductible well being plans can as soon as once more provide first-dollar protection for telehealth and different distant providers with out making members ineligible for well being financial savings account (“HSA”) contributions. The aid runs solely by means of the tip of 2022, and the common high-deductible well being plan necessities usually apply for the months of January by means of March 2022. (But there is no such thing as a hole if the plan’s present plan yr began earlier than January 1, 2022.)
By means of background, to be eligible to make or obtain contributions to an HSA, a person should be coated by a high-deductible well being plan. Topic to restricted exceptions, protection below a well being plan earlier than the minimal deductible is happy would make plan members ineligible to make or obtain HSA contributions. If contributions are made whereas a participant is ineligible, the contributions must be included within the participant’s earnings (i.e., topic to earnings tax) and the contributions can be topic to a 10% further tax.
Part 223 of the Inner Income Code contains exceptions to the minimal deductible requirement for preventive care, worker help applications, and sure different “permitted insurance.” The 2020 CARES Act (Coronavirus Support, Aid, and Financial Safety Act) added an exception for telehealth and different distant providers, however that exception utilized solely from enactment of the CARES Act by means of the final plan yr that began earlier than January 1, 2022.
The Consolidated Appropriations Act of 2022 (signed into legislation on March 15th) restores the exception for telehealth and different distant providers, however just for the interval from April 1 by means of December 31, 2022. Because of this if a plan’s yr began at any time from January 1, 2022 by means of March 31, 2022, and the plan didn’t impose the minimal deductible for telehealth or different distant providers from the beginning of the plan yr by means of March 31, 2022, the plan wouldn’t be a high-deductible well being plan for that interval. Consequently, members coated by the plan can be ineligible to make or obtain HSA contributions for that interval.
Plan sponsors who had been anticipating the telehealth exception to be restored again to January 1st ought to seek the advice of with counsel on sensible methods to make sure that members retain their eligibility for HSA contributions.