Health & Welfare Plans Newsletter

BULLETIN
Supplement to
October 31, 2017

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[Official Guidance]

Text of IRS Notice 2017-67: Qualified Small Employer Health Reimbursement Arrangements (QSEHRAs), Interaction with Health Savings Accounts (HSAs) (PDF)
59 pages; 79 Q&As. "This notice provides guidance on the requirements for providing a qualified small employer health reimbursement arrangement (QSEHRA) under section 9831(d) of the Internal Revenue Code, the tax consequences of the arrangement, and the requirements for providing written notice of the arrangement to eligible employees.... Executive Order 13813 ... directed the Secretaries of the Treasury, Labor, and Health and Human Services to consider revising guidance, to the extent permitted by law and supported by sound policy, to increase the usability of health reimbursement arrangements (HRAs), expand employers' ability to offer HRAs to their employees, and to allow HRAs to be used in conjunction with non-group coverage. The guidance provided in this notice addresses each of those objectives. The Treasury Department and the [IRS] anticipate that the Departments will issue additional guidance in the future in response to Executive Order 13813.... Under section 223, individuals who have high deductible health plan (HDHP) coverage and no other disqualifying health coverage may contribute to an HSA. Individuals who are covered by permitted insurance (defined under section 223(c)(3)) or certain disregarded coverage (defined under section 223(c)(1)(B)), in addition to HDHP coverage, remain eligible to contribute to an HSA.... [Q 76:] Does an individual fail to be an eligible individual under section 223 because the individual is provided a QSEHRA that, by its terms, may reimburse only premiums? [Answer:] No. [Q 77:] Does an individual fail to be an eligible individual under section 223 because the individual is provided a QSEHRA that, by its terms, may only reimburse expenses that qualify as permitted insurance or disregarded coverage under section 223(c), in addition to reimbursing premiums for health insurance policies? [Answer:] No."
Internal Revenue Service [IRS]

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