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February 8, 2012

HSA-Eligibility for Individuals Receiving Indian Health Services

There has been an outstanding question about whether individuals receiving medical services by an Indian Health Services facility would be eligible to establish and contribute to a health savings account (HSA).  The IRS has recently issued a proposed change (IRS Notice 2012-14) that provides that as long as the individual has not received services from an Indian Health Services facility in the prior 3 months, then the individual would be eligible to establish and contribute to his/her HSA.  This is comparable to how the IRS views the manner in which VA services are rendered as it relates to HSA-eligibility.  The IRS and Treasury Department are accepting comments on this proposal until April 30, 2012. 

 

The information contained in this Benefit Beat is not intended to be legal, accounting, or other professional advice, nor are these comments directed to specific situations.

As required by U.S. Treasury rules, we inform you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this Benefit Beat is not intended or written to be used, and cannot be used, by any person for the purpose of avoiding any penalties that may be imposed by the Internal Revenue Service.

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