HSA eligibility with double HDHP coverage

[jsb]

Husband and wife each sign up for family HDHP coverage, creating a double HDHP coverage situation. Each signs up separately for HSA plan for the individual (not family) limit. So far so good, it seems, as neither has coverage that is not a Qualified HDHP.

The wrinkle: carrier reports coordinating benefits for the double HDHP coverage so that all plan deductibles and/or co-payments are waived, resulting in no-cost medical services being received.

This seems a bit problematic in that, while the employees seem to have done everything right, the carrier's action seems to negate the intent of the law. We are wondering how the IRS might view this situation.

Your thoughts and opinions would be most appreciated.