Dec. 1, 2021
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 the deductible and out-of-pocket maximum for members with HSA plans.
- The law says that all amounts paid by members or on their behalf must apply to their 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 their 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 a deductible if a members has a high-deductible plan with an HSA.
What does this mean?
If a member has this type of plan with an HSA, the way discounts from drug coupons or copay assistance cards are applied to their deductible may not meet what the IRS requires.