One of the main sources of contention for our brokers and clients over the years has to do with HSA accounts. Specifically, whether offering a $0 co-pay Telemedicine plan violates your Health Savings Account (HSA) plan, putting the client in jeopardy.

Our response has always been the same: until there is a clear law or tax code in place to limit Telemedicine, there is no law to break or code to violate. Yet understandably, in an increasingly litigious world many clients have opted for the better-safe-than-sorry approach.

Well, there’s good news on the horizon that will back up our opinion with law.

Last week, the House passed two bills that would expand HSA coverage in a way that would eliminate the risk of offering an employer paid Telemedicine plan alongside a HSA plan.

The two Acts are The Restoring Access to Medication and Modernizing Health Savings Accounts Act of 2018 (HR 6199) and the Increasing Access to Lower Premium Plans and Expanding Health Savings Accounts Act of 2018 (HR 6311).

The key takeaway for our purposes specifically relates to Act HR 6619, which would “allow plans flexibility in providing first dollar coverage up to $250 for a single and $500 for a family for additional services, such as those related to treatment of chronic conditions and telehealth services.”

Done deal. If these Acts pass in the Senate, which we believe they will, we are good to go!

So, while we will continue to monitor this activity, we encourage you to get out ahead of this with your clients. Let them know of the good news and re-engage those that said no simply because they were concerned with the legality of it all.