HSA with single HDHP and coverage by spouses HMO?

[Guest lazlo]

In 2013, I was covered under my spouses HMO through her employer, and I enrolled in an HDHP with an HSA through my employer. For 2014, my employer claimed that double coverage was not allowed under the ACA, and that I could only fund an FSA if covered by my spouses HMO. Others have told me that double coverage shouldn't prevent me from enrolling in an HDHP with HSA, especially since I have a pre-existing condition. Does anyone know if my employer is correct, or are they just creating their own rule?

[masteff]

1) It has nothing to do w/ ACA. It's been this way since HSAs started on January 1, 2004.

2) No, you do not qualify for an HSA if you are covered by an HMO. See page 3 of IRS Pub 969. You cannot have an HSA if you have health coverage other than an HDHP except what is discussed under "Other health coverage" on page 4. http://www.irs.gov/pub/irs-prior/p969--2013.pdf

[Guest lazlo]

Thank you. After doing some research, I realized that was the case.

[Chaz]

There is no prohibition on enrolling in an HDHP (which is just a type of health plan) at the same time as you are enrolled in an HMO. You are just ineligible to contribute to an HSA for months in which you are covered under the HMO.