HSA and HDHP - discrimination testing exclusion?

[holdco]

Hello, everyone

A question. Two companies in a controlled group don't have a high deductible health plan (HDHP), nor a corresponding HSA. A third company, to be acquired, offers a fully insured HDHP to its employees. It's thinking of offering them an HSA as well.

IRS Notice 2011-1 doesn't require compliance with controlled group nondiscrimination test in respect of insured group health plans. Does adding the HSA option somehow take away that exemption, so now we have to offer the HSA to the other two companies as well? Note that the HSA isn't likely to be offered through a cafeteria plan.

Any thoughts you have would be much appreciated. Thank you!