This is from Kathryn Nix:
A recent analysis by Roy Ramthun concludes the new law will probably lead to major changes in how consumers can use Health Savings Account plans.
The new law limits these consumer-controlled accounts in two ways: it restricts the types of health products you can purchase with your HSA money, and it doubles—to a whopping 20 percent—the tax penalty for withdrawing HSA funds to cover non-medical expenses.
But the worst news is the provision requiring all policies to cover at least 60 percent of the actuarial value of the benefits offered. What’s the actuarial value? Will contributions to HSAs be included in these actuarial-value calculations? HHS Secretary Kathleen Sebelius will make that call. And if she rules “no,” then high-deductible health plans including HSAs will no longer be viable… and you can kiss your plan good-bye.