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HSAs/HDHPS and COBRA


IRA

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Does an employer contribution to an HSA automatically make the HDHP subject to COBRA? Assume the HSA is not subject to ERISA because the employer follows the DOL guidance to avoid ERISA.

I think it does, but I am hoping somebody is aware of some guidance that says otherwise.

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For most employers with 20 or more employees, an HDHP is generally an ERISA health plan subject to COBRA, regardless of whether the employer makes HSA contributions. An HDHP is just a special type of health plan. If the employer has fewer than 20 employees or is otherwise exempt from COBRA, HSA contributions will not change that.

I'm not sure how you are connecting HSA contributions to a plan being subject to COBRA.

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  • 4 weeks later...

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