A New Oklahoma Law May Affect Your HSA Plan

Nov. 17, 2021

If you have a high-deductible health plan with a health savings account (HSA), please read this important notice.

The 2021 Oklahoma Legislature passed House Bill 2678 and it went into effect Nov. 1. This law may change the way drug coupons and copay assistance cards from drug companies impact your health plan’s deductible and out-of-pocket maximum.

  • The law says that all amounts paid by you or on your behalf must apply to your deductible and out-of-pocket maximum -- including drug company coupons or copay assistance cards.
  • As required, Blue Cross and Blue Shield of Oklahoma is following the state law. We will apply these amounts to your deductible and out-of-pocket maximum.

However, the Internal Revenue Service (IRS) has different rules.

The new Oklahoma law conflicts with IRS requirements for HSAs

IRS rules say that third party payments such as drug coupons and copay assistance cards can’t apply to your deductible if you have a high-deductible plan with an HSA.

What does this mean to you?

If you have this type of plan with an HSA, the way discounts from drug coupons or copay assistance cards are applied to your deductible may not meet what the IRS requires.

If you have questions about how this mandate may impact you, please contact a tax adviser.