HIPAA nondiscrimination- Different spouse eligibility between HDHP & PPO plans?

[Guest aliciamarie]

Currently a GHP that offers a self-funded dual choice HDHP (HSA eligible) and a PPO. Currently- spouses w/ access to coverage by another employer are not eligible to participate. Are there any problems with changing eligiblity on the HDHP only to allow spouses w/ coverage elsewhere to enroll on the HDHP but NOT on the PPO. In particular are there HIPAA nondiscrination issues, cafeteria plan or self funded medical plan discimination issues?

Thanks for you help!