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Distribution
    
  • Distribution is tax-free if taken for "qualified medical expenses".
    • Now includes over-the-counter drugs
  • Qualified medical expense must be incurred on or after the HSA was established.
    • If HDHP coverage effective on first day of month, HSA can be established as early as first day of same month
    • If HDHP coverage effective any day other than first day of month, HSA cannot be established until first day of following month
  • Tax-free distributions can be taken for qualified medical expenses of:
    • person covered by the high deductible
    • spouse of the individual (even if not covered by the HDHP)
    • any dependent of the individual (even if not covered by the HDHP)
  • If distribution is not used medical expenses
    • Amount of distribution and
    • 10% additional tax except
      • Individual dies or becomes
      • Individual is age 65
  • "Qualified medical expenses" do not include other health insurance (including premiums for dental or vision care)
  • Exceptions:
    • COBRA continuation coverage
    • Any health plan coverage while receiving unemployment compensation
    • For individuals enrolled in Medicare:
      • Medicare premiums and out-of-pocket expenses (Part A, Part B, Medicare HMOs, prescription drug coverage)
      • employee share of premiums for employer-based coverage
      • Cannot pay Medigap premiums
      • Qualified long-term care insurance premiums
  • Should the HSA account holder keep receipts? YES!
    • May need to prove to IRS that distributions from HSA were for medical expenses and not otherwise reimbursed
    • May be required by insurance company to prove that HDHP deductible was met
    • Not all medical expenses paid out of the HSA have to be charged against the deductible (e.g. dental care, vision care)
  • HSA Distributions can be used to reimburse prior years’ expenses as long as they were incurred on or after the date the HSA was established.
    • No time limit on when distribution must occur
    • Individual must keep records sufficient to prove that:
      • the expenses were incurred,
      • they were not paid for or reimbursed by another source or taken as an itemized deduction
  • Mistaken HSA distributions can be returned to the HSA.
    • Clear and convincing evidence must be shown that the distribution was a mistake of fact
    • Must be repaid by April 15 of the year following the year in which the individual knew or should have known the distribution was a mistake

    Source: http://www.ustreas.gov/offices/public-affairs/hsa/pdf/all-about-HSAs_072208.pdf

    
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