2010 - there will be no changes to HSAs for the rest of this year.
Some of the changes will be effective January 1, 2011. Here is what to expect:
• Qualified Medical Expenses: Starting January 1, 2011 you will no longer be able to pay for over-the-counter medications from your HSA as a qualified medical expense. Until the end of this year, you can reimburse yourself or pay from your HSA the money used to buy over-thecounter medications. The new law removes over-the-counter drugs not prescribed by a physician from being paid from an HSA, FSA, or HRA on a tax-free basis.
• Non-qualified expense penalty: Under the new law, if you use your HSA funds for nonqualified expenses, you will face a higher penalty. The tax penalty for non-qualified HSA distributions will increase, effective January 1, 2011, from 10% to 20%.
• Mandated insurance coverage: Effective January 1, 2014, the legislation will require most U.S. Citizens and legal residents to have health insurance. It also outlines the minimum coverage and essential health benefits that need to be provided for a plan to qualify for the mandated coverage. This could potentially limit the types of health plans that will be available to consumers. Below are a few of the areas which require clarification by the Secretary of Health and Human Services:
o Preventive care services: All insurance policies will be required to provide first dollar coverage for preventive care services. While HSA-compatible health plans are currently allowed to provide first-dollar coverage of preventive care services, in the future, all plans will be required to do so. These provisions will go into effect in 2014. Additionally, further clarification must be provided regarding what constitutes “preventive care” under the new regulations and whether or not that definition conflicts with current IRS guidance on what constitutes “preventive care” for HSA purposes.