(a) This article shall be known and may be cited as the Health Savings Account State-Federal Regulatory Coordination Act. (b) The purpose of this article is to protect the efficacy of Health Savings Account (HSA) qualified plans via a legislative exception or safe harbor from any state benefit mandate or copay accumulator adjustment law due to federal law, regulations, rules, or guidance regarding high deductible health plans. (c) For purposes of this article, the following terms have the following meanings: (1) ENROLLEE. An individual who is enrolled in a health insurance plan, whether on an individual or group basis, including any covered dependent. (2) HEALTH SAVINGS ACCOUNT QUALIFIED INSURANCE PLAN or HSA. A high deductible health plan that meets the specific requirements of 26 U.S.C. § 223, as interpreted and administered by the federal Internal Revenue Service. Individuals covered by such a plan may contribute to a Health Savings Account (HSA), a trust, or a custodial account for qualified medical expenses. An individual may not contribute to an HSA unless he or she is covered by an HSA-qualified insurance plan and has no other disqualifying coverage. (3) HIGH DEDUCTIBLE HEALTH PLAN. A health insurance plan, as defined in 26 U.S.C. § 223(c)(2). (4) PREVENTIVE CARE. Those services defined as such by the U.S. Department of the Treasury and the Internal Revenue Service, including preventive services recognized under the Affordable Care Act, pursuant to regulation or guidance issued under the authority of Title 26 of the United States Code. In general, the term does not include services that provide treatment for known illnesses, diseases, or conditions. However, under IRS Notice 2019-45, the term also includes specified products and services provided to individuals with certain defined chronic conditions including, but not limited to, diabetes, asthma, and heart disease. (5) ZERO COST-SHARING or COST-SHARING RESTRICTIONS. Prohibition outright of any deductible, copayment, or coinsurance on the part of the enrollee or certain limitations on the amount of the deductible, copayment, or coinsurance. (d) If under federal law the application of any cost-sharing requirement of the Insurance Code would cause the enrollee’s health savings account plan to no longer qualify as a high-deductible health plan under 26 U.S.C. § 223, the cost-sharing requirement shall only apply to the enrollee’s plan once the minimum deductible under 26 U.S.C. § 223 has been applied. (e) The Commissioner of Insurance may adopt rules as necessary to implement this section.
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