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If an employee promises, in writing, not to submit any of her husbands medical expenses to a health FSA, does this make him eligible to contribute to a Health Savings Account?

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Answer No, if the employee is participating in a traditional, general-purpose health FSA, then her husband would be ineligible to contribute to a Health Savings Account. This is because one of the requirements for Health Savings Account eligibility is that an individual not be covered by any non-HDHP health coverage. Since a general-purpose health FSA is a type of no-deductible health coverage, and the employee’s husband is covered under the health FSA (his medical expenses are eligible for reimbursement), he is ineligible to contribute to a Health Savings Account.

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