in this issue….
|
Editor's Note
In an effort to keep you informed of regulation
issues and new developments, we will be sending quarterly issues of our
newsletter, Benefits Briefing. If there are HR contacts at your company
who would benefit from this, please give us their names and email
addresses, and we will add them to the distribution list.
|
|
Included in the recent Medicare Prescription Drug
and Modernization Act are provisions to amend the Internal Revenue Code
to allow for “Health Savings Accounts” (HSAs). The account would be
available to almost anyone covered under a statutorily defined high
deductible medical plan. It appears to be the newest tax preferred
benefit provided to us by Congress in the evolving trend toward
“Consumer Driven Health Care.”
The HSA may be funded by employer, employee, or a
combination of employer and employee contributions and is an eligible
IRC Section 125 Cafeteria Plan benefit. It is effective for taxable
years beginning January 1, 2004, although it seems unlikely to be
included in many 2004 Cafeteria Plans since most enrollments are either
already completed or underway.
Highlights of the Act’s provisions include:
- Eligibility is limited to individuals
participating in a statutorily defined high deductible health plan
(HDHP) with an annual deductible of not less than $1,000 single or
$2,000 family and out-of-pocket maximums (including the deductible) of
not more than $5,000 single or $10,000 family.
- Participants cannot be covered by any other
major medical insurance, including FSAs or HRAs, except for workers’
compensation, liability, specified disease (e.g. cancer insurance) or
daily hospital indemnity insurance.
- Contributions may be made by an individual as a
deduction from adjusted gross income, or in a Cafeteria Plan on a
pre-tax basis. Employer contributions are deductible and not taxable
to the employee.
- Contributions are limited to the lesser of the
annual deductible or $2,600 individual/$5,150 family.
- Contributions must be trusteed and individual
balances are not forfeitable and are transferable (similar to 401k
balances).
- Distributions are not taxed if made for
“qualified medical expenses” (similar to the HRA and FSA rules),
insurance premiums for COBRA, qualified long-term care insurance, or a
health plan maintained by an individual receiving unemployment
insurance. Additionally, for those over 65, health insurance other
than a Medicare supplement policy are also “qualified medical
expenses”.
The issue of claims adjudication and substantiation
of “qualified medical expenses” was not addressed in the Act. Hopefully,
the Internal Revenue Service and Department of Labor will issue guidance
soon. At Tri-Star we will continue to monitor developments and be
prepared to consult on and administer HSAs.
.Back
to Top
|