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The bill: H.R. 6134

Official Joint Committee Description

 

We would say about half the people in the industry who support HSAs preferred other changes, not the ones approved this week, although nobody wants to actually criticize the move...

Insurers and employers want to be able to make HRA and FSA rollovers into HSAs -- all year long, and determined by the free market. Instead, the provision which passed is intended to simply eliminate HRAs and FSAs and replace them with HSAs...

There are issues here between banks and brokerages. We don't believe the entire brokerage community was consulted, since the fees earned on IRAs and those on HSAs will be very different.

 

 Final HSA Bill Report Adds Some Positives

A just-released final committee report on the Cantor bill makes two major changes in the approved bill that make it more attractive.  The final mods in the still-unpublished print were the result of strong industry lobbying by employers to make it more palatable, such as throwing out the expensive Bush HSA contribution scheme. The main feature of the original Cantor bill – HRA/FSA rollovers into HSAs – is still missing, but other provisions would make HSAs more attractive.

Here are the changes just detailed in the final committee  print:

-- HSA contributions. The final report includes almost the exact provision of the original Cantor bill ending the limitation on HSA deductions to the amount of the deductible. Under the final bill HSA owners will be able to have a minimum deductible, but still make a larger contribution of $2,250 for individuals and $4,500 for families. A White House proposal to increase the ceiling to $10,500 for families (the limit on out-of-pocket expenses) was rejected in final markup.

This provision could greatly stimulate HSA enrollment by allowing individuals to have deductibles as low as $1,050 (for 2006), yet make HSA contributions of $2,250. That would benefit all income levels and turn HSAs into a more mainstream product.

-- FSA Grace Period. The final bill allows HSA contributions to be made for people who set up an HSA but still having an FSA during their 90-day FSA grace period.  Under existing rules a person with an FSA could not make HSA contributions in the year after they terminated their FSA if there were a grace period.

The report also includes official estimates of the tax impact that indicate how the bill will affect HSA bank deposits (our estimate is coming in this week’s newsletter). Another interesting item is the “dissenting views” letter. Democrats got a promise from Treasury to make public the actual tax data on HSA depositors in terms of income and amount of deposit.