HSA Question when covered by both HDHP and a non HDHP

Married couple covered by husbands employer health plan which in not a HDHP therefore no HSA accounts have ever been created. The plan is incredible and may have a $500 family deductible and virtually no co pays on RX.

Wife recently employed and her new employer offers a HDHP and was thinking of using it as a supplement for the little costs they do incur and her employer picks up the full cost if used as a supplement to her spouse’s primary plan. Her rationale for doing such is not necessarily for the supplement but felt since the supplement plan was a HDHP she would at a minimum add for herself since free and then make HSA contribution for a single plan and maybe add spouse so then they could fully make HSA contribution as a family plan dependent on cost for adding him versus tax benefit of HSA contribution.

My understanding on HSA eligibility is since she is on his family plan which is a non HDHP plan, no HSA contributions can be made for either. No pro rata, nothing for that tax year. She has been told differently from employee benefit dept at employer.
The only way for her to make a HSA contribution would be to remove herself fully from his non HDHP plan and have new employer provide her primary coverage. This would be insane due to costs and little tax benefit of her HSA contribution but what to ensure my understanding of contribution eligibility is correct. I have reviewed IRS Pub 969 and it didn’t seem very clear to me!!! I’m of the understanding any coverage by a non HDHP whether primary or supplement removes you from any HSA contribution for that plan year.



It sounds like you and the employer are saying the same thing. Bottom line: “Other Coverage” makes an otherwise HSA qualifying individual, ineligible.
Publication 969 is very clear under Qualifying for an HSA To be an eligible individual and qualify for an HSA, you must meet the following requirements.
You are covered under a high deductible health plan (HDHP), described later, on the first day of the month.
You have no other health coverage except what is permitted under Other health coverage, later.
You aren’t enrolled in Medicare.
You can’t be claimed as a dependent on someone else’s 2020 tax return.
If your spouse is covered under your non-HDHP she is HSA ineligible, because she has “Other Coverage.”

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