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American Bankers Association HSA Council Comment Letter to IRS on 'Cadillac Tax' (PDF)

"[T]his ability to use your own money as you see fit is what constitutes ownership and ownership has to mean something; it can't be the case that the excise tax rules lump HSAs into the same category as every other product, because HSAs are the only product where someone other than the employer owns a portion of the dollars being counted.... [T]he IRS has the necessary discretionary authority to characterize employee contributions to the employee's HSA, even if facilitated by the employer through Section 106 authority, as 'excludable' without also being included in the definition of 'applicable coverage' precisely because employers don't own any of the money in an employee's HSA."

Banks, Insurers Battle for Health Savings Accounts in Health Reform

Excerpt: If Congress passes a health-care overhaul bill, all health plans would have to meet certain criteria to qualify as adequate coverage. Most people's current coverage would be grandfathered in but, if they switched plans, those plans would need to meet the new standards. Not all HSA-qualified plans, in particular those sold by insurers to individuals and small businesses, would make the grade, according to industry experts. 'It's a concern. We want the accounts to be viable going forward,' says Kevin McKechnie, staff director of the American Bankers Association's HSA Council, which represents banks, insurance companies and their technology providers. More than 2,000 banks, credit unions and brokerage firms offer HSAs.