IRA Posted December 18, 2014 Share Posted December 18, 2014 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. Link to comment Share on other sites More sharing options...
Chaz Posted December 19, 2014 Share Posted December 19, 2014 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. Link to comment Share on other sites More sharing options...
Clarifying Health Posted January 17, 2015 Share Posted January 17, 2015 I agree with Chaz. The HDHP is generally an ERISA health plan. I am not sure if we have answered your question. Could you rephrase? Link to comment Share on other sites More sharing options...
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