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HRA reimbursement - different levels depending upon Health ins. status?

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As an additional item in this area - an employer is considering doing something to provide higher benefits to lower income individuals. For example, say they have an HDHP with a $5,000 deductible, and maximum OOP of, say, $10,000. They are considering an HRA that would provide that no one would pay more than (x)% of income, and the HRA would pay all the rest. So if you make $20,000, your maximum that you'd have to pay would only be 1/2 of the maximum that would have to be paid by someone making $40,000.

Seems like a nondiscriminatory way of doing things. Do you see any problems with it? I wasn't sure if, for example, another member of the household (such as spouse) was getting health insurance through a health exchange, if this would cause any problems?

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