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Legislation the HSA Council Supports and Opposes

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Below is a list of legislation from the 113th Congress that could impact HSAs or HSA-qualified health plans.

See the list of Bills from the 114th Congress.

Gold-Standard HSA Legislation

S. 1031/H.R. 2194 - Senators Hatch and Rubio with Representative Paulsen
The Family and Retirement Health Investment Act of 2013
Senators Hatch [R-UT] and Rubio [R-FL] with Representative Paulsen [R-MN3] re-introduced for the 113th Congress the Gold-Standard HSA Legislation. This legislation seeks to correct oversights in the current HSA statute to make HSAs available to more Americans, simplifies how individuals are able to save with an HSA, and includes administrative fixes to help employers and account-holders.
Read the Bill
Read a Section-by-Section Summary of the Bill


1. H.R. 207: A bill to amend the Internal Revenue Code of 1986 to make members of health care sharing ministries eligible to establish health savings accounts
Rep. Schock [R-IL18]
Allows members of health care sharing ministries to establish HSAs.

2. S. 24: Small Business Health Relief Act of 2013
Sen. Rob Portman [R-OH]
Includes a provision to repeal part of ACA that restricts Over-the-Counter (OTC) medication purchases with an HSA.

3. H.R. 956: Personal Health Investment Today Act of 2013
Rep. Kind [D-WI]
Would expand qualified-medical expenses to treat certain amounts paid for physical activity, fitness, and exercise as amounts paid for medical care out of an HSA.

4. H.R. 1140: Family Friendly HSA Improvement Act of 2013
Rep. Owens [D-NY]
This bill aligns the HSA eligibility standards with the Affordable Care Act (ACA) mandate with respect to dependents under the age of 27.

5. H.R. 1342: Helping American's Health Care Choices Act of 2013
Rep. Fleming [R-LA]
This bill repeals provisions of the ACA relating to HSAs and expands the availability of HSAs. Included in the bill is a repeal of the increased fee for non-qualified medical expenses, repeal of the OTC drug restrictions, and many other provisions to improve the use of HSAs.

6. H.R. 1326: Health Care Price Transparency Promotion Act of 2013 
Rep. Burgess [R-TX]
This bill would amend title XIX of the Social Security Act to provide for increased price transparency of hospital information and to provide for additional research on consumer information on charges and out-of-pocket costs.

7. H.R. 1248/S. 610: Family Health Care Flexibility Act
Rep. Paulsen [R-MN] with Senator Johanns [R-NE] sponsoring the Senate bill.
This bill would repeal part of ACA that restricts Over-the-Counter (OTC) medication purchases with an HSA.

8. H.R. 1552: Health Freedom for Seniors Act
Rep. Huizenga [R-MI]
This bill would amend the Internal Revenue Code of 1986 to allow the transfer of required minimum distributions from a retirement plan to a health savings account.

9. S. 728/H.R. 2499: Tax Parity for Health Plan Beneficiaries Act of 2013
Sen. Schumer [D-NY] and Rep. McDermott [D-WA]
Extends benefits to a domestic partner.

10. H.R. 2688: PATIENT Health Care Act
Rep. Dennis Ross [R-FL]
This bill would repeal the ban on using HSA funds to purchase over-the-counter medication and would increase the HSA contributions to $10,000 for an individual and $20,000 for a family.

11. H.R. 2835: Restoring Access to Medication Act of 2013
Rep. Lynn Jenkins [R-KS] and Rep. John Barrow [D-GA]
This bill would repeal part of ACA that restricts Over-the-Counter (OTC) medication purchases with an HSA and FSA.

12. H.R. 3498: A bill to allow individuals to choose to opt out of the Medicare part A benefit and to allow individuals opting out of such benefit to be eligible for health savings accounts
Rep. Sam Johnson [R-TX3] and Rep. Scott Perry [R-PA4]

13. H.R. 3871: Promoting Health for Future Generations Act of 2014
Rep. Charles Boustany [R-LA]
This bill includes provisions that would allow increased contributions to HSAs and allow Medicare and VA healthcare participants to contribute to HSAs.

14. CARE Act
Senators Burr, Coburn, and Hatch. The Patient Choice, Affordability, Responsibility, and Empowerment (CARE) Act includes several HSA Council-supported provisions to expand the use of HSAs. 

15. H.R. 4600: Tax Free Health Insurance Act of 2014
Rep. Steve King [R-IA]
Legislation would allow health insurance premiums to be paid out of an HSA.

15. H.R. 4682:
Rep. Chris Stewart [R-UT]
To Provide coordination between the TRICARE program and eligibility for making contributions to an HSA. 

16. H.R. 4777: The Health Savings Act of 2014
Rep. Michael Burgess [R-TX]
Expands the use of HSAs, including allowing parents to establish an HSA for their child, raising the contribution limit, and providing bankruptcy protection. Read a Section-by-Section summary of the bill.

17. H.R. 4177: To amend the Internal Revenue Code of 1986 to allow Medicare beneficiaries participating in a Medicare Advantage Medical Savings Account (MSA) to contribute their own money to their MSA.
Rep. Erik Paulsen [R-MN]

18. H.R. 4180: To amend the Internal Revenue Code of 1986 to permit rollovers from health savings accounts to Medicare Advantage MSAs. 
Rep. Dennis Ross [R-FL]

19. H.R. 4900: Helping Veterans Save for Health Care Act of 2014
Rep. Sam Johnson [R-TX]
Amends the Internal Revenue Code of 1986 to enable veterans who receive medical care from the Department of Veterans Affairs for service-related disabilities to contribute to an HSA. 

20. S. 2586: Medicare Common Access Card Act of 2014
Sen. Mark Kirk [R-IL]
A bill to establish a smart card program under the Medicare program.

21. S. 2707: A bill to provide for coordination between the TRICARE program and eligibility for making contributions to a health savings account
Sen. Jerry Moran [R-KS]

22. H.R. 5465: Middle Class Family Savings Act of 2014
Rep. Ami Bera [D-CA7]
Expands Health Savings Accounts

23. H.R. 647/S.313: ABLE Act (passed under H.R. 5771)
Rep. Andy Crenshaw [R-FL4] & Sen. Robert casey [D-PA]
Establishes ABLE accounts to assist those with disabilities and their families pay for qualified expenses.  An ABLE account is a special purpose, tax preferred account that can be used to pay for qualified disability expenses that federal benefits do not cover.

The HSA Council is dedicated to advancing policies that preserve and expand banks’ ability to offer Health Savings Accounts. Its members include financial institutions, insurers and their technology partners.

Questions? Please contact Renee Galbraith for more information.