HSA Passive Open Enrollment?

[MD-Benefits Guy]

Is it permissible to have a passive HSA Open Enrollment? Can I just let the 2012 payroll deductions for HSA carry into 2013? We do allow employees the ability to change the deduction amount at any point during the year, so it's not like they are trapped all year with this deduction as they would be for an FSA.

The mentality for most of our employees "If I am happy with my current elections, then I don't need to do anything" (this mindset persists even when I beat them over the head with communication telling them otherwise).

Curious to know if it is permissible.

[JCJD]

As long as you properly communicate how the HSA works, deductions can remain in place year to year.

[MD-Benefits Guy]

As long as you properly communicate how the HSA works, deductions can remain in place year to year.

Curious to know where I can find supporting documentation, legal precedent for this. This is what I want to do "passive enrollment" but I'm fighting a battle to make this happen. Looking for some support showing why this is permissible.