HEALTH SAVINGS ACCOUNTS

Summary of Health Savings Accounts

General

· Creates new Health Savings Accounts (HSAs) to help individuals save for qualified medical and retiree health expenses on a tax-free basis.

Eligibility

· Individuals under the age of 65 are eligible to contribute to an HSA if they have a qualified health plan.

o For self-only policies, a qualified health plan must have a minimum deductible of $1,000 with a $5,000 cap on out-of-pocket expenses (indexed annually).

o For family policies, a qualified health plan must have a minimum deductible of $2,000 with a $10,000 cap on out-of-pocket expenses (indexed annually).

· Preventive care services are not subject to the deductible. In addition, coverage for accidents, disability, dental care, vision care, and long-term care is not subject to the deductible.

Contributions

· Contributions are allowed up to 100% of the health plan deductible. The maximum annual contribution is $2,600 for self-only policies and $5,150 for family policies (indexed annually).

· Individuals age 55 – 65 may make additional “catch-up” contributions of up to $500 in 2004, increasing to $1,000 annually in 2009 and thereafter. A married couple can make two catch-up contributions as long as both spouses are at least 55. Catch-up contributions will help individuals accumulate assets for retiree health expenses.

· Contributions may be made by individuals, family members and employers.

o Contributions made by individuals and family members are tax-deductible (for the account beneficiary) even if the account beneficiary does not itemize. Employer contributions are made on a pre-tax basis and are not taxable to the employee. Employers will be allowed to offer HSAs through a cafeteria plan.

· Investment earnings accrue tax-free.

Distributions

· HSA distributions are tax-free if they are used to pay for qualified medical expenses, such as:

- Amounts paid for the diagnosis, cure, mitigation, treatment or prevention of disease,

- Prescription drugs,

- Qualified long-term care services and long-term care insurance,

- Continuation coverage required by Federal law (i.e., COBRA),

- Health insurance for the unemployed,

- Medicare expenses (but not Medigap), and

- Retiree health expenses for individuals age 65 and older (Note: retiree health plans would not have to meet the $1,000/$2,000 minimum deductible requirements.)

· Distributions made for any other purpose are subject to income tax and a 10% penalty. The 10% penalty is waived in the case of death or disability. The 10% penalty is also waived for distributions made by individuals age 65 and older.

Treatment at Death

· Upon death, HSA ownership may transfer to the spouse on a tax-free basis.

Effective Date · January 1, 2004.

Want more details?  See Statutory Language of this portion of the bill.