Are HSAs considered an Employee Retirement Income Security Act (ERISA) health benefit plan?

The Employee Retirement Income Security Act (ERISA) of 1974 applies to all employer-sponsored health insurance coverage and other benefit plans offered to employees by private employers. ERISA does not require an employer to provide a benefits plan; instead, it regulates the overall operation of such health benefit plans. While offering coverage is completely optional, once an employer offers a plan, it must be in compliance with the provisions within ERISA.

A Health Savings Account (HSA), in and of itself, is not considered an ERISA health benefit plan, even if the employer contributes to the account. As a result, these HSAs are not considered group health plans and they are not subject to COBRA or any other federal benefit laws affecting group health plans.

Coaches' Takeaway

A Health Savings Account (HSA) is not considered an ERISA health benefit plan, even if the employer contributes to the account.

Tools & Resources

CDHPCoach’s Storage Facility, where the Coach has organized and compiled a vast amount of tools and resources for you to access.

Library

Housed here are key components and information within the book, Bend the Healthcare Trend which was the impetus behind the CDHPCoach.