I have a HDHP Plan with an HSA. My spouse has a VEBA HRA. Both are individual (not family). Am I running afoul with the IRS by contributing to my HSA?

This seems like it should be a simple question, but the information I have read online doesn't match what the IRS (Publication 969) seems to indicate.

I started a new job in mid 2021 with a HDHP healthcare plan that only covers myself (not family coverage). I have been maxing out my HSA since then. My wife started a job in late 2021, and her health coverage includes a VEBA HRA which covers herself (also NOT family coverage).

After reading several posts on here, it seems perhaps I should not have been contributing to my HSA unless her HRA is suspended, with the idea being that her HRA could still theoretically be used to cover healthcare expenses I incur. However, I have found no such language in the IRS's tax rules that indicates this. Their rules for 2022 state:

You are an eligible individual even if your spouse has non-HDHP family coverage, provided your spouse’s coverage doesn’t cover you.

And

If you have HDHP coverage, you can’t generally have any other health coverage. However, you can still be an eligible individual even if your spouse has non-HDHP coverage, provided you aren’t covered by that plan.

We emailed her employer this morning, because they said back in 2021 that her HRA would need to be frozen, but we aren't sure if they actually "froze" it or not. If they never froze it, are we screwed? If anyone can provide clarification on this, it is much appreciated!

submitted by /u/MinnesotaPower
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