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Overview

Learn How HSAs Work and How to Maximize Their Benefits

Opening and Maximizing an HSA Investment Account

Preserving the Account Balance By Controlling Costs

Links to IRS Bulletins

Links to IRS Forms, Instructions & Publications

Department of Treasury HSA Information Resource Page

Links to Department of Labor Bulletins

Links to Legal Reviews

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Overview

Health Savings Accounts (HSAs) are the cornerstone of Consumer Directed Health Care. Section 223 of the US tax code (TITLE 26, Subtitle A, CHAPTER 1, Subchapter B, PART VII, Sec. 223.) describes the tax treatment of Health Savings Accounts.

An HSA is both an investment and a source of tax-free money that can be used to pay for one's day-to-day health care (often called 1st dollar medical expenses).  At retirement, just like an IRA, these funds can be used for any purpose.

While much is known regarding the risks of various financial instruments, Health Savings Accounts are unique in that they also include another risk, that of assuming financial responsibility for one's day-to-day health care.

Quantitating the relative risks and understanding proven strategies that mitigate those risks are essential to maximizing the very substantial benefits Health Savings Accounts can offer.

Below are a few resources to help novices become more familiar with the various risks, benefits, regulatory requirements and important investing strategies associated with Health Savings Accounts.  If you would like more information, please contact us below.

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Learn How HSAs Work and How to Maximize Their Benefits

See an HSA Slide Presentation.

Download a Department of Treasury one-page tri-fold brochure that provides a simple overview of HSA basics for 2007 and 2008.

See a sample HSA Investment Scenario (not to be construed as either financial advice or an accurate estimate of any one individual's real-life experience) where you can estimate future HSA balances and after cost returns, by changing the interest rate, the estimated annual health care expenses and/or vary the annual contribution.

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Opening and Maximizing an HSA Investment Account

Once you have a qualifying high deductible health plan, to open an HSA you need to apply with a Federally approved trustee.  Banks and insurance companies predominate in the trustee marketplace.  Go to our HSA Trustees Page to find a few links to various trustees and even get application documents online.

Like most savings/investment vehicles, HSAs require a diligent contribution commitment and ongoing attention to maximizing return on investment, especially with regard to retirement needs.

As HSAs become more common and the average balances rolling over from year to year grow larger, we anticipate that numerous investment houses and brokerage firms will begin to enter the trustee marketplace, offering significantly higher rates of return than currently available.

To learn how Investing strategies education can produce big difference in long term yield try our HSA Investment Scenario spreadsheet (not to be construed as either financial advice or an accurate estimate of any one individuals real-life experience).

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Preserving the Account Balance By Controlling Costs

While reimbursing medical expenses from an HSA is a great way to pay for health care on a pre-tax basis, the more one withdraws from the account the less the tax-free investment income generated for use for future healthcare needs or retirement.

Careful shopping for more affordable services reduces the need to withdraw money from your tax-free investment account.  Go to our Consumer Page to learn tricks and techniques for saving on health care or review the following document (Controlling Costs By Accessing More Affordable Care) can help you understand how medical charges are calculated and identify strategies that will save you money on medical services as well as locate the most appropriate medical services much more efficiently.

Your insurance company (likely a PPO type insurance plan) usually has fee information that you can request with respect to their network physicians and hospitals etc.

The key to success with an HSA is to contribute maximally and reduce health care expenditures in order to protect the balance on the account so that it can grow more quickly.

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IRS Bulletins

2004-2, Notice 2004-2: General guidance on Health Savings Accounts.

2004-15, Notice 2004-23: Preventive Care.

2004-15: Notice 2004-25: Transition Relief for HSAs Established for Calendar Year 2004.

2004-15, Rev. Rul. 2004-38:  Prescription Drug Coverage below Minimum Deductible.

2004-15, Rev. Proc. 2004-22: Transition Relief for Prescription Drug Rider Below Deductible.

2004-22, Rev. Rul. 2004-45: Health Savings Account (HSA) - interaction with other health arrangements.

2004-22, Rev. Rul. 2004-43: Health Savings Account (HSA) - transition relief for individuals in states where high deductible health plans (HDHPs) as described in section 223(c)(2) are not available because state laws require health plans to provide certain benefits without regard to a deductible or below the minimum annual deductible.

Notice 2004-50: Q & A regarding Health Savings Accounts (HSAs).

Revised Notice 2004-2 (July 26, 2004):  General guidance with Q & A (Notice 2004-50) regarding Health Savings Accounts (HSAs)

Revised Procedure 2004-71 (December 13, 2004):  Indexed 2005 HSA & MSA limits

Notice 2005-8 (January 11, 2005):  Health Savings Accounts — Partnership Contributions to a Partner’s Health Savings Account (HSA); S Corporation’s Contributions to a 2-Percent Shareholder-Employee’s HSA

Indexed Amounts for Health Savings Accounts for 2006: Department of Treasury/ Internal Revenue Services, October 28, 2005

Notice 2005-83 Provides relief for certain non-calendar-year plans with nonconforming state-mandated benefits:  Department of Treasury/ Internal Revenue Services, November 17, 2005

Final Regulations Regarding Employer Comparable Contributions to Health Savings Accounts under Section 4980G: Department of Treasury/ Internal Revenue Services, July 28, 2006

Technical Explanation of H.R. 6408, The “Tax Relief And Health Care Act Of 2006,” As Introduced In The House On December 7, 2006, Joint Committee On Taxation, December 7, 2006

Final Rules on Comparable Employer Contribution -Accelerated and When Employee Has Not Opened an HSA by Year end, Federal Register / Vol. 73, No. 75 / Thursday, April 17, 2008

Notice 2008-51 - IRA to HSA Transfers, Department of Treasury

Notice 2008-52 - Full Contribution Rule, Department of Treasury

Notice 2008-59 - New Guidance on Health Savings Accounts - HSA "Grab Bag" Guidance - Q & A on HSAs in many different situations, Department of Treasury, June 25, 2008

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IRS Forms, Instructions & Publications:

      Publications:

See IRS Publication 969 (2004 PDF): Health Savings Accounts and Other Tax Favored Health Plans to see the IRS guidance on Health Saving Accounts for 2004.

See IRS Publication 969 (2004 HTML): Health Savings Accounts and Other Tax Favored Health Plans to see the IRS guidance on Health Saving Accounts for 2004.

See IRS Publication 502 (2004), Medical and Dental Expense to see what expenses the IRS will allow as "qualified medical expenses" (PDF).

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Forms & Instructions:

See IRS Form 8853, Archer MSAs and Long-Term Care Insurance Contracts to review the form used by individuals for reporting on MSA and Long Term Care insurance contracts (PDF).

See IRS Instructions for Form 8853, Archer MSAs and Long-Term Care Insurance Contracts to review instructions for filling out Form 8853 (PDF).

See IRS Form 8889, Health Savings Accounts to review the form used by individuals for reporting information on an HSA (PDF).

See IRS Instructions for Form 8889, Health Savings Accounts to review instructions for filling out Form 8889 (PDF).

See IRS Form 5498sa (2006), HSA, Archer MSA, or Medicare + Choice MSA Information to review the form used by trustees to report HSA, Archer MSA, or Medicare + Choice MSA Information (PDF).

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Department of Labor Bulletins

See April 7, 2004 DOL Field Assistance Bulletin 2004-1 to see the Department of Labor guidance on ERISA and Health Saving Accounts (HTML).

See December 22, 2004 DOL Advisory Opinion 2004-09a to see the Department of Labor guidance concerning the application of the prohibited transaction provisions regarding Health Saving Accounts (HTML).

See October 27, 2006- DOL Advisory Opinion 2006-2 for additional Department of Labor guidance the application of the Employee Retirement Income Security Act of 1974 (ERISA) to HSAs (Q & A , HTML).

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Department of Treasury

See Home Page for Department of Treasury HSA Information (Comprehensive Reference) for a comprehensive source of reference documents regarding Health Savings Accounts.

See Department of Treasury Publication: "All About HSAs" to view a Department of Treasury summary outline document on Health Savings Accounts.  This document was reformatted into an outline format for your convenience

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Legal Briefs (Online)

See the January 2004 Kilpatrick Stockton LLP - Employee Benefits Legal Alert; "Health Savings Accounts: Medicare Reform Reshapes the Landscape for Active Employee Health Coverage" (PDF).

See the March 2004 Kilpatrick Stockton LLP - Employee Benefits Legal Alert; "HSAs and the HIPAA Privacy Rules: The Clash of the Acronyms" (PDF).

See the April 2004 Kilpatrick Stockton LLP - Employee Benefits Legal Alert; "Health Savings Account Fever: A Blistering Pace for HSA Guidance for Active Employee Health Coverage" (PDF).

See the May 2004 Kilpatrick Stockton LLP - Employee Benefits Legal Alert; "DOL Paves the Way for Employer-Arranged Health Savings Accounts" (PDF).

See the May 2004 Kilpatrick Stockton LLP - Employee Benefits Legal Alert; "IRS Health Savings Account Guidance III: Coordinating HSAs with Other Health Accounts" (PDF).

See the July 2004 Kilpatrick Stockton LLP - Employee Benefits Legal Alert; "A Summer Tsunami of HSA Guidance (But Will Employers Be Interested?)" (PDF).

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Health Savings Account Information Inquiry

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Date this page last edited: Tuesday, September 23, 2008

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