Official Publication of the Minnesota State Bar Association


Vol. 62, No. 11 | December 2005
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Health Savings Accounts:
The Next Generation in Health Insurance

By Scott A. Becker

As an employer or managing partner, are you tired of getting double-digit price increases from your health insurer every year?  Or as an employee, are you tired of seeing your benefits reduced each year while your share of the premium continues to increase?  If so, there may be a better option for you, your firm, or your employees.  The new option is a Health Savings Account, or HSA, and it is sparking both interest and controversy among people seeking new ways to carry health insurance without paying skyrocketing premiums.  This article will offer a quick overview of HSAs, including some of the pros and cons of the program, and show why the HSA concept is causing such controversy.  In the end, we really do not have enough information to know whether HSAs will yet be successful, but recognize the potential for success in many situations.

HSAs became law effective January 1, 2004, as part of the Medicare Act passed by Congress in the fall of 2003.  HSAs are designed to reduce health insurance premiums and to give individuals greater control over the spending of their health care dollars.  In addition to providing an alternative to high premiums, Congress enacted HSAs because America currently has nearly 50 million uninsured people.  The hope is that HSAs can enable these people to get at least a minimal level of health insurance coverage at affordable premiums. 

Basics of HSAs

The HSA program authorized by Congress is really a two-part program combining a High Deductible Health Policy (HDHP) with a pretax savings account (the actual HSA).  The HSA can be used to pay for medical expenses not covered by the HDHP or, at the cost of certain disadvantages discussed below, for nonmedical purposes as the individual determines. 

For 2006, an HDHP must carry a minimum deductible of $1,050 for individuals or $2,100 for families. The maximum that individuals may be obligated to pay out-of-pocket for medical expenses under the HDHP is $5,250; the maximum for families is $10,500.  This maximum out-of-pocket cost includes the deductible, coinsurance, copayments, and other expenses for medical care otherwise covered by the HDHP.

The HSA may then be funded up to the amount of the deductible.  For 2006, individual HSAs may receive the lesser of the HDHP deductible or a maximum of $2,700.  Family HSAs may be funded in an amount equal to the lesser of the HDHP deductible or a maximum of $5,450.  Individuals age 55 or older may contribute an additional, “catch-up” amount. Contributions to HSAs may be invested, much like IRAs, or used on a pretax basis to pay for medical expenses.  If HSA funds are used for nonmedical expenses, ordinary income taxes apply at distribution; individuals younger than age 65 expending HSA funds for nonmedical expenses also incur a 10 percent penalty.  Amounts not used from the HSA in the current year are not taxed and are carried forward to subsequent years. The account balance may increase due to future contributions and investment earnings.

To be eligible to contribute to an HSA during the year, one must not be insured by any other major medical or full-coverage-type health insurance plan other than the HDHP.  The individual must not be enrolled in Medicare, nor can they be a dependent of another taxpayer.  However, individuals may still have limited types of medical coverage, such as dental and vision coverage, certain accident or illness policies, or long-term care policies, in addition to their HDHP.  HDHPs may also provide preventative care coverage and offer opportunities for payment for wellness programs such as smoking cessation, cholesterol awareness, and obesity control.

If individuals or families enrolled in HSAs are not covered by HDHPs in a future year, funds remaining in their HSAs from prior years’ contributions may still be used for their medical expenses not covered by medical insurance or another third party in that future year.

Pros and Cons

The concept of providing consumer-driven health insurance has generated significant controversy among experts.  Advocates of consumer-driven plans such as HSAs contend that once control is given to the consumer, price shopping will restore market competition to the industry and require medical providers to become more cost-conscious.  People given the responsibility for paying for their own medical treatment will be more conscious of their health habits and take better care of themselves to avoid needing medical care and incurring its expense.

Critics of consumer-driven plans, HSAs in particular, respond that the decision to purchase health care is not an issue of price and cost, but one of availability and access for those in need of medical care.  They would argue that allowing those who are not stricken with severe illness or injury to reduce their contributions to the system or opt out altogether only drives up the cost for those who do need medical care, because ultimately the unpaid costs of medical treatment for the uninsured are passed on to those able to pay.  In reality, the truth probably lies somewhere in the middle.

In order for HSAs to be successful, consumers must know the cost of medical treatment and it is vital that they be able to access information about medical providers, doctors and hospitals.  Such information would include not only costs but quality standards and ratings of these providers as well.  To date, the medical community has kept this type of information as a very well-guarded secret, unavailable to the public unless the patient specifically requests cost information.  Even if cost information were more readily available, information about standards of care and the quality of treating providers and facilities is not available to the public in any meaningful form as would enable the consumer to make an informed decision about obtaining healthcare.

It should be understood that HSAs offer individuals and families an opportunity to monitor some health care expenses and to benefit financially from that monitoring.  With this opportunity comes responsibility. Individuals concerned with cost must often inquire about the price of medical procedures and decide whether the cost of the procedure is worth the benefit received.

However, when there is no opportunity to decide about receiving coverage, such as in the event of an emergency or when treatment is required for a life-threatening illness, the HDHP will likely be utilized to pay for medical expenses.  Insurance is available in the HSA program to cover major medical expenses, thus protecting the participant from financial catastrophe, which has always been the true intent of insurance anyway.

What Lies Ahead?

The success of the HSA program will eventually be determined by two factors.

First, HDHPs are required to protect against catastrophic illness or injury.  The advantage of HDHPs over health maintenance organizations (HMOs) offering first-dollar coverage has been the reduced premium.  However, if premiums for HDHPs rise to reflect the cost of claims for catastrophic illness and injury and these premiums become cost-prohibitive, then participants will drop the insurance coverage and America will ultimately be in the same situation as regards healthcare as it is now.  If insurers can keep premiums affordable, then the HSA program stands a reasonable chance to succeed. 

Second, by combining the concept of individual responsibility found in HSAs with the more familiar risk-sharing notion of insurance in the HDHP, the new program dramatically diverges from the medical insurance process that Americans have been accustomed to use over the past 30 years.  For some people, this individual responsibility may be more than they can or care to handle as it has become very convenient to simply pay a premium to an insurance company and not worry about a medical billing statement.  For others, HSAs may be an excellent opportunity and even a reward of sorts for practicing good money management as well as taking care of their personal health.  Costs and quality ratings of medical procedures need to be publicized for this outcome to be realized.

In the end, HSAs offer an exciting alternative not seen before in the medical insurance industry that could prove beneficial for individuals and employers alike. c


SCOTT A. BECKER is a sole practitioner with offices in Lakeville, Minnesota. He concentrates his practice in areas of health law and employee benefits and he can be reached at (952) 469-8339.