[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6857 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 6857

To amend the Internal Revenue Code of 1986 to modernize health savings 
                   accounts, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 19, 2023

Mr. Gallagher introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
To amend the Internal Revenue Code of 1986 to modernize health savings 
                   accounts, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Simplify and Expand Health Savings 
Accounts Act''.

SEC. 2. MODERNIZATION OF HEALTH SAVINGS ACCOUNTS.

    (a) In General.--Section 223 of the Internal Revenue Code of 1986 
is amended to read as follows:

``SEC. 223. HEALTH SAVINGS ACCOUNTS.

    ``(a) Deduction Allowed.--In the case of an individual who is an 
eligible individual for any month during the taxable year, there shall 
be allowed as a deduction for the taxable year an amount equal to the 
aggregate amount paid in cash during such taxable year by or on behalf 
of such individual to a health savings account of such individual.
    ``(b) Limitations.--
            ``(1) In general.--The amount allowable as a deduction 
        under subsection (a) to an individual for the taxable year 
        shall not exceed the sum of the monthly limitations for months 
        during such taxable year that the individual is an eligible 
        individual.
            ``(2) Monthly limitation.--The monthly limitation for any 
        month is \1/12\ of--
                    ``(A) in the case of an eligible individual who has 
                self-only coverage under a qualified plan as of the 
                first day of such month, the annual limitation 
                determined under the following table:


----------------------------------------------------------------------------------------------------------------
  ``In the case of a plan with an actuarial
                  value of:                                        The annual limitation is:
----------------------------------------------------------------------------------------------------------------
Less than 55 percent.........................  $10,000
At least 55 percent and less than 65 percent.  $8,600
At least 65 percent..........................  $7,200
----------------------------------------------------------------------------------------------------------------

                    ``(B) in the case of an eligible individual who has 
                family coverage under a qualified plan as of the first 
                day of such month, the annual limitation determined 
                under the following table:


----------------------------------------------------------------------------------------------------------------
  ``In the case of a plan with an actuarial
                  value of:                                        The annual limitation is:
----------------------------------------------------------------------------------------------------------------
Less than 55 percent.........................  $20,000
At least 55 percent and less than 65 percent.  $17,200
At least 65 percent..........................  $14,400.
----------------------------------------------------------------------------------------------------------------

            ``(3) Additional contributions for individuals 55 or 
        older.--In the case of an individual who has attained age 55 
        before the close of the taxable year, the applicable limitation 
        under subparagraphs (A) and (B) of paragraph (2) shall be 
        increased by $1,000.
            ``(4) Coordination with other contributions.--The 
        limitation which would (but for this paragraph) apply under 
        this subsection to an individual for any taxable year shall be 
        reduced (but not below zero) by the sum of--
                    ``(A) the aggregate amount contributed to health 
                savings accounts of such individual which is excludable 
                from the taxpayer's gross income for such taxable year 
                under section 106(d) (and such amount shall not be 
                allowed as a deduction under subsection (a)), and
                    ``(B) the aggregate amount contributed to health 
                savings accounts of such individual for such taxable 
                year under section 408(d)(9) (and such amount shall not 
                be allowed as a deduction under subsection (a)).
            ``(5) Special rule for married individuals.--In the case of 
        individuals who are married to each other, if either spouse has 
        family coverage--
                    ``(A) both spouses shall be treated as having only 
                such family coverage (and if such spouses each have 
                family coverage under different plans, as being covered 
                under the plan with the highest actuarial value), and
                    ``(B) the limitation under paragraph (1) (after the 
                application of subparagraph (A) and without regard to 
                any additional contribution amount under paragraph (3)) 
                shall be divided equally between them unless they agree 
                on a different division.
            ``(6) Denial of deduction to dependents.--No deduction 
        shall be allowed under this section to any individual with 
        respect to whom a deduction under section 151 is allowable to 
        another taxpayer for a taxable year beginning in the calendar 
        year in which such individual's taxable year begins.
            ``(7) Increase in limit for individuals becoming eligible 
        individuals after the beginning of the year.--
                    ``(A) In general.--For purposes of computing the 
                limitation under paragraph (1) for any taxable year, an 
                individual who is an eligible individual during the 
                last month of such taxable year shall be treated--
                            ``(i) as having been an eligible individual 
                        during each of the months in such taxable year, 
                        and
                            ``(ii) as having been enrolled, during each 
                        of the months such individual is treated as an 
                        eligible individual solely by reason of clause 
                        (i), in the same qualified plan in which the 
                        individual was enrolled for the last month of 
                        such taxable year.
                    ``(B) Failure to maintain qualified plan 
                coverage.--
                            ``(i) In general.--If, at any time during 
                        the testing period, the individual is not an 
                        eligible individual, then--
                                    ``(I) gross income of the 
                                individual for the taxable year in 
                                which occurs the first month in the 
                                testing period for which such 
                                individual is not an eligible 
                                individual is increased by the 
                                aggregate amount of all contributions 
                                to the health savings account of the 
                                individual which could not have been 
                                made but for subparagraph (A), and
                                    ``(II) the tax imposed by this 
                                chapter for any taxable year on the 
                                individual shall be increased by 10 
                                percent of the amount of such increase.
                            ``(ii) Exception for disability or death.--
                        Subclauses (I) and (II) of clause (i) shall not 
                        apply if the individual ceased to be an 
                        eligible individual by reason of the death of 
                        the individual or the individual becoming 
                        disabled (within the meaning of section 
                        72(m)(7)).
                            ``(iii) Testing period.--The term `testing 
                        period' means the period beginning with the 
                        last month of the taxable year referred to in 
                        subparagraph (A) and ending on the last day of 
                        the 12th month following such month.
    ``(c) Definitions and Special Rules.--For purposes of this 
section--
            ``(1) Eligible individual.--The term `eligible individual' 
        means, with respect to any month, any individual if such 
        individual is covered under a qualified plan as of the 1st day 
        of such month.
            ``(2) Qualified plan.--
                    ``(A) In general.--The term `qualified health plan' 
                means any health plan, including employer plans, 
                individual plans, short term plans, Medicare, Medicaid, 
                VA health care, TRICARE, health care sharing 
                ministries, and association health plans.
                    ``(B) Exclusion of certain plans.--Such term does 
                not include a health plan if substantially all of its 
                coverage is--
                            ``(i) coverage for any benefit provided by 
                        permitted insurance, or
                            ``(ii) coverage (whether through insurance 
                        or otherwise) for accidents, disability, dental 
                        care, vision care, or long-term care.
            ``(3) Permitted insurance.--The term `permitted insurance' 
        means--
                    ``(A) insurance if substantially all of the 
                coverage provided under such insurance relates to--
                            ``(i) liabilities incurred under workers' 
                        compensation laws,
                            ``(ii) tort liabilities,
                            ``(iii) liabilities relating to ownership 
                        or use of property, or
                            ``(iv) such other similar liabilities as 
                        the Secretary may specify by regulations,
                    ``(B) insurance for a specified disease or illness, 
                and
                    ``(C) insurance paying a fixed amount per day (or 
                other period) of hospitalization.
            ``(4) Family coverage.--The term `family coverage' means 
        any coverage other than self-only coverage.
    ``(d) Health Savings Account.--For purposes of this section--
            ``(1) In general.--The term `health savings account' means 
        a trust created or organized in the United States as a health 
        savings account exclusively for the purpose of paying the 
        qualified medical expenses of the account beneficiary, but only 
        if the written governing instrument creating the trust meets 
        the following requirements:
                    ``(A) Except in the case of a rollover contribution 
                described in subsection (f)(5) or section 220(f)(5), no 
                contribution will be accepted--
                            ``(i) unless it is in cash, or
                            ``(ii) to the extent such contribution, 
                        when added to previous contributions to the 
                        trust for the calendar year, exceeds the sum of 
                        the dollar amounts in effect under paragraphs 
                        (2) and (3) of subsection (b) or are excludible 
                        from gross income under section 106(d).
                    ``(B) The trustee is a bank (as defined in section 
                408(n)), an insurance company (as defined in section 
                816), or another person who demonstrates to the 
                satisfaction of the Secretary that the manner in which 
                such person will administer the trust will be 
                consistent with the requirements of this section.
                    ``(C) No part of the trust assets will be invested 
                in life insurance contracts.
                    ``(D) The assets of the trust will not be 
                commingled with other property except in a common trust 
                fund or common investment fund.
                    ``(E) The interest of an individual in the balance 
                in his account is nonforfeitable.
            ``(2) Qualified medical expenses.--
                    ``(A) In general.--The term `qualified medical 
                expenses' means, with respect to an account 
                beneficiary, amounts paid by such beneficiary for 
                medical care (as defined in section 213(d)) for such 
                individual, the spouse of such individual, and any 
                dependent (as defined in section 152, determined 
                without regard to subsections (b)(1), (b)(2), and 
                (d)(1)(B) thereof) of such individual, but only to the 
                extent such amounts are not compensated for by 
                insurance or otherwise. For purposes of this 
                subparagraph, amounts paid for menstrual care products 
                shall be treated as paid for medical care.
                    ``(B) Health insurance may not be purchased from 
                account.--
                            ``(i) In general.--Subparagraph (A) shall 
                        not apply to any payment for insurance.
                            ``(ii) Exceptions.--Claue (i) shall not 
                        apply to any expense for coverage under--
                                    ``(I) a health plan during any 
                                period of continuation coverage 
                                required under any Federal law,
                                    ``(II) a qualified long-term care 
                                insurance contract (as defined in 
                                section 7702B(b)),
                                    ``(III) a health plan during a 
                                period in which the individual is 
                                receiving unemployment compensation 
                                under any Federal or State law, or
                                    ``(IV) in the case of an account 
                                beneficiary who has attained the age 
                                specified in section 1811 of the Social 
                                Security Act, any health insurance 
                                other than a medicare supplemental 
                                policy (as defined in section 1882 of 
                                the Social Security Act).
                            ``(iii) Exception for integrated health 
                        plans.--Clause (i) shall not apply to any 
                        expense for coverage under an integration 
                        eligible health plan which is integrated with 
                        the health savings account within the meaning 
                        of section 106(d).
                            ``(iv) Exception for direct primary care 
                        service arrangements.--
                                    ``(I) In general.--A direct primary 
                                care service arrangement shall not be 
                                treated as insurance for purposes of 
                                clause (i)).
                                    ``(II) Direct primary care service 
                                arrangement defined.--For purposes of 
                                this clause, the term `direct primary 
                                care service arrangement' means an 
                                arrangement under which an individual 
                                is provided medical care (as defined in 
                                section 213(d)(1), determined without 
                                regard to subparagraph (E) thereof) 
                                consisting solely of primary care 
                                services provided by primary care 
                                practitioners (as defined in section 
                                1833(x)(2)(A) of the Social Security 
                                Act, determined without regard to 
                                clause (ii) thereof), if the sole 
                                compensation for such care is a fixed 
                                periodic fee.
                    ``(C) Menstrual care product.--For purposes of this 
                paragraph, the term `menstrual care product' means a 
                tampon, pad, liner, cup, sponge, or similar product 
                used by individuals with respect to menstruation or 
                other genital-tract secretions.
            ``(3) Account beneficiary.--The term `account beneficiary' 
        means the individual on whose behalf the health savings account 
        was established.
            ``(4) Certain rules to apply.--Rules similar to the 
        following rules shall apply for purposes of this section:
                    ``(A) Section 219(d)(2) (relating to no deduction 
                for rollovers).
                    ``(B) Section 219(f)(3) (relating to time when 
                contributions deemed made).
                    ``(C) Except as provided in section 106(d), section 
                219(f)(5) (relating to employer payments).
                    ``(D) Section 408(g) (relating to community 
                property laws).
                    ``(E) Section 408(h) (relating to custodial 
                accounts).
    ``(e) Tax Treatment of Accounts.--
            ``(1) In general.--A health savings account is exempt from 
        taxation under this subtitle unless such account has ceased to 
        be a health savings account. Notwithstanding the preceding 
        sentence, any such account is subject to the taxes imposed by 
        section 511 (relating to imposition of tax on unrelated 
        business income of charitable, etc. organizations).
            ``(2) Account terminations.--Rules similar to the rules of 
        paragraphs (2) and (4) of section 408(e) shall apply to health 
        savings accounts, and any amount treated as distributed under 
        such rules shall be treated as not used to pay qualified 
        medical expenses.
    ``(f) Tax Treatment of Distributions.--
            ``(1) Amounts used for qualified medical expenses.--Any 
        amount paid or distributed out of a health savings account 
        which is used exclusively to pay qualified medical expenses of 
        any account beneficiary shall not be includible in gross 
        income.
            ``(2) Inclusion of amounts not used for qualified medical 
        expenses.--Any amount paid or distributed out of a health 
        savings account which is not used exclusively to pay the 
        qualified medical expenses of the account beneficiary shall be 
        included in the gross income of such beneficiary.
            ``(3) Excess contributions returned before due date of 
        return.--
                    ``(A) In general.--If any excess contribution is 
                contributed for a taxable year to any health savings 
                account of an individual, paragraph (2) shall not apply 
                to distributions from the health savings accounts of 
                such individual (to the extent such distributions do 
                not exceed the aggregate excess contributions to all 
                such accounts of such individual for such year) if--
                            ``(i) such distribution is received by the 
                        individual on or before the last day prescribed 
                        by law (including extensions of time) for 
                        filing such individual's return for such 
                        taxable year, and
                            ``(ii) such distribution is accompanied by 
                        the amount of net income attributable to such 
                        excess contribution.
                Any net income described in clause (ii) shall be 
                included in the gross income of the individual for the 
                taxable year in which it is received.
                    ``(B) Excess contribution.--For purposes of 
                subparagraph (A), the term `excess contribution' means 
                any contribution (other than a rollover contribution 
                described in paragraph (5) or section 220(f)(5)) which 
                is neither excludable from gross income under section 
                106(d) nor deductible under this section.
            ``(4) Additional tax on distributions not used for 
        qualified medical expenses.--
                    ``(A) In general.--The tax imposed by this chapter 
                on the account beneficiary for any taxable year in 
                which there is a payment or distribution from a health 
                savings account of such beneficiary which is includible 
                in gross income under paragraph (2) shall be increased 
                by 20 percent of the amount which is so includible.
                    ``(B) Exception for disability or death.--
                Subparagraph (A) shall not apply if the payment or 
                distribution is made after the account beneficiary 
                becomes disabled within the meaning of section 72(m)(7) 
                or dies.
                    ``(C) Exception for distributions after medicare 
                eligibility.--Subparagraph (A) shall not apply to any 
                payment or distribution after the date on which the 
                account beneficiary attains the age specified in 
                section 1811 of the Social Security Act.
            ``(5) Rollover contribution.--An amount is described in 
        this paragraph as a rollover contribution if it meets the 
        requirements of subparagraphs (A) and (B).
                    ``(A) In general.--Paragraph (2) shall not apply to 
                any amount paid or distributed from a health savings 
                account to the account beneficiary to the extent the 
                amount received is paid into a health savings account 
                for the benefit of such beneficiary not later than the 
                60th day after the day on which the beneficiary 
                receives the payment or distribution.
                    ``(B) Limitation.--This paragraph shall not apply 
                to any amount described in subparagraph (A) received by 
                an individual from a health savings account if, at any 
                time during the 1-year period ending on the day of such 
                receipt, such individual received any other amount 
                described in subparagraph (A) from a health savings 
                account which was not includible in the individual's 
                gross income because of the application of this 
                paragraph.
                    ``(C) Rollover from fsa, archer msa, and hra.--An 
                amount is described in this subparagraph for a calendar 
                year as a rollover contribution if the amount is the 
                remaining balance in a health flexible spending 
                account, Archer MSA, or health reimbursement 
                arrangement that is contributed to the health savings 
                account for a taxable year ending on or before one year 
                after the date of the enactment of this subparagraph.
            ``(6) Coordination with medical expense deduction.--For 
        purposes of determining the amount of the deduction under 
        section 213, any payment or distribution out of a health 
        savings account for qualified medical expenses shall not be 
        treated as an expense paid for medical care.
            ``(7) Transfer of account incident to divorce.--The 
        transfer of an individual's interest in a health savings 
        account to an individual's spouse or former spouse under a 
        divorce or separation instrument described in clause (i) of 
        section 121(d)(3)(C) shall not be considered a taxable transfer 
        made by such individual notwithstanding any other provision of 
        this subtitle, and such interest shall, after such transfer, be 
        treated as a health savings account with respect to which such 
        spouse is the account beneficiary.
            ``(8) Treatment after death of account beneficiary.--
                    ``(A) Treatment if designated beneficiary is 
                spouse.--If the account beneficiary's surviving spouse 
                acquires such beneficiary's interest in a health 
                savings account by reason of being the designated 
                beneficiary of such account at the death of the account 
                beneficiary, such health savings account shall be 
                treated as if the spouse were the account beneficiary.
                    ``(B) Other cases.--
                            ``(i) In general.--If, by reason of the 
                        death of the account beneficiary, any person 
                        acquires the account beneficiary's interest in 
                        a health savings account in a case to which 
                        subparagraph (A) does not apply--
                                    ``(I) such account shall cease to 
                                be a health savings account as of the 
                                date of death, and
                                    ``(II) an amount equal to the fair 
                                market value of the assets in such 
                                account on such date shall be 
                                includible if such person is not the 
                                estate of such beneficiary, in such 
                                person's gross income for the taxable 
                                year which includes such date, or if 
                                such person is the estate of such 
                                beneficiary, in such beneficiary's 
                                gross income for the last taxable year 
                                of such beneficiary.
                            ``(ii) Special rules.--
                                    ``(I) Reduction of inclusion for 
                                predeath expenses.--The amount 
                                includible in gross income under clause 
                                (i) by any person (other than the 
                                estate) shall be reduced by the amount 
                                of qualified medical expenses which 
                                were incurred by the decedent before 
                                the date of the decedent's death and 
                                paid by such person within 1 year after 
                                such date.
                                    ``(II) Deduction for estate 
                                taxes.--An appropriate deduction shall 
                                be allowed under section 691(c) to any 
                                person (other than the decedent or the 
                                decedent's spouse) with respect to 
                                amounts included in gross income under 
                                clause (i) by such person.
    ``(g) Cost-of-Living Adjustment.--
            ``(1) In general.--In the case of any taxable year 
        beginning after December 31, 2024, each dollar amount in 
        paragraphs (2) and (3) of subsection (c) shall be increased by 
        an amount equal to--
                    ``(A) such dollar amount, multiplied by
                    ``(B) the cost-of-living adjustment determined 
                under section 1(f)(3) for the calendar year in which 
                such taxable year begins determined by substituting 
                `2023' for `2016' in subparagraph (A)(ii) thereof.
            ``(2) Rounding.--If any increase under paragraph (1) is not 
        a multiple of $50, such increase shall be rounded to the 
        nearest multiple of $50.
    ``(h) Reports.--The Secretary may require--
            ``(1) the trustee of a health savings account to make such 
        reports regarding such account to the Secretary and to the 
        account beneficiary with respect to contributions, 
        distributions, the return of excess contributions, and such 
        other matters as the Secretary determines appropriate, and
            ``(2) any person who provides an individual with a 
        qualified health plan to make such reports to the Secretary and 
        to the account beneficiary with respect to such plan as the 
        Secretary determines appropriate.''.
    (b) Employer Contributions to Health Savings Accounts.--
            (1) In general.--Section 106(d) is amended to read as 
        follows:
    ``(d) Contributions to Health Savings Accounts.--
            ``(1) In general.--In the case of an employee who is an 
        eligible individual, amounts contributed by such employee's 
        employer to any health savings account of such employee shall 
        be treated as employer-provided coverage for medical expenses 
        under an accident or health plan to the extent--
                    ``(A) such amounts do not exceed twice the 
                limitation in effect under section 223(b)(2) 
                (determined without regard to this subsection) which is 
                applicable to such employee for such taxable year,
                    ``(B) such amounts are contributed to an account 
                which is integrated with an integration eligible health 
                plan,
                    ``(C) such employer does not offer such employee 
                coverage under any other accident or health plan,
                    ``(D) such employer offers such amounts only to 
                members of a qualified class of employees and offers 
                such amounts to all members of any such qualified 
                class,
                    ``(E) such employer offers employees an opportunity 
                to elect not to receive such amounts at least once per 
                year and upon termination from employment, and
                    ``(F) such employee is not covered under any health 
                insurance offered by an employer of such employee's 
                spouse.
            ``(2) Integration eligible health plan.--For purposes of 
        this subsection, the term `integration eligible health plan' 
        means--
                    ``(A) any bronze, silver, or gold plan offered 
                through an Exchange established under the Patient 
                Protection and Affordable Care Act,
                    ``(B) entitlement to benefits under part A of title 
                XVIII of the Social Security Act and enrollment under 
                part B of such title, including enrollment under a 
                Medicare Advantage plan under part C of such title,
                    ``(C) in the case of any individual who has not 
                attained age 30 or is determined by the Secretary 
                (after consultation with the Secretary of Health and 
                Human Services) to have a hardship, coverage under a 
                catastrophic plan, and
                    ``(D) in the case of any student, coverage under a 
                health plan which is conditioned on maintaining status 
                as being such a student.
            ``(3) Integration of plans and accounts.--For purposes of 
        this subsection, an account shall be treated as integrated with 
        an integration eligible health plan (and such plan shall be 
        treated as integrated with such account) for any month if--
                    ``(A) the employee is the account beneficiary of 
                such account and such employee is covered under an 
                integration eligible health plan for such month,
                    ``(B) the employer verifies that the employee is so 
                covered by requiring the submission of documentation to 
                such employer, and
                    ``(C) the employer makes contributions to such 
                account for such month which are not less than the 
                excess (if any) of--
                            ``(i) the adjusted monthly premiums for the 
                        applicable second lowest cost silver plan with 
                        respect to the taxpayer, over
                            ``(ii) \1/12\ of 9.5 percent of the 
                        taxpayer's household income (within the meaning 
                        of section 36B).
            ``(4) Qualified class.--For purposes of this subsection--
                    ``(A) In general.--The term `qualified class' means 
                only the following: All employees; Full-time employees; 
                Part-time employees; Seasonal employees; Employees 
                covered under a collective bargaining agreement; 
                Employees in a waiting period; Foreign employees who 
                work abroad; Employees working in the same geographic 
                location (same insurance rating area, State, or multi-
                State region); Salaried workers; Non-Salaried workers 
                (such as hourly workers); Temporary employees of 
                staffing firms.
                    ``(B) Rules related to class size.--
                            ``(i) Minimum class size.--A class shall 
                        not be treated as a qualified class unless in 
                        consisting of at least the following number of 
                        employees:
                                    ``(I) In the case of an employer 
                                with fewer than 100 employees, the 
                                lesser of 10 employees or all employees 
                                of the employer.
                                    ``(II) In the case of an employer 
                                with at least 100 and not more than 200 
                                employees, 10 percent of the number of 
                                such employees (if not a whole number, 
                                rounded down to the next lowest whole 
                                number).
                                    ``(III) In the case of an employer 
                                with more than 200 employees, 20 
                                employees.
                            ``(ii) Combination of classes.--Two or more 
                        qualified classes described in subparagraph (A) 
                        may be combined if each such class separately 
                        would not satisfy the requirement of clause 
                        (i).
                    ``(C) Permitted variation within qualified 
                classes.--An employer shall not fail to meet the 
                requirements of paragraph (1)(D) solely because the 
                amounts offered to members of a qualified class vary on 
                the basis of--
                            ``(i) number of dependents,
                            ``(ii) age, if such variation based on age 
                        does not exceed a ratio of 3:1, and
                            ``(iii) chronic health condition, if such 
                        variation based on chronic health condition 
                        does not exceed a ratio of 1.2:1.
            ``(5) Coordination with aca provisions.--In the case of an 
        integration eligible health plan which is integrated with a 
        health savings account--
                    ``(A) such plan shall be treated as an eligible 
                employer-sponsored plan described in section 
                5000A(f)(1)(B),
                    ``(B) if an individual receives contributions to 
                such account which are excludible from the gross income 
                of such individual under this section during any 
                taxable year, no credit shall be allowed under section 
                36B with respect to such individual for such taxable 
                year, and
                    ``(C) for purposes of section 36B(c)(2)(C)(i)(II), 
                the employee's required contribution with respect to 
                such plan shall be treated as being equal to the excess 
                (if any) of--
                            ``(i) the adjusted monthly premiums for the 
                        applicable second lowest cost silver plan with 
                        respect to the taxpayer, over
                            ``(ii) the contributions made the employer 
                        to such health savings account which are 
                        excludible from the gross income of the 
                        employee under this section.
            ``(6) No constructive receipt.--No amount shall be included 
        in the gross income of any employee solely because the employee 
        may choose between the contributions referred to in paragraph 
        (1) and employer contributions to another health plan of the 
        employer.
            ``(7) Special rule for deduction of employer 
        contributions.--Any employer contribution to a health savings 
        account, if otherwise allowable as a deduction under this 
        chapter, shall be allowed only for the taxable year in which 
        paid.
            ``(8) Employer health savings account contributions 
        required to be shown on return.--Every individual required to 
        file a return under section 6012 for the taxable year shall 
        include on such return the aggregate amount contributed by 
        employers to the health savings accounts of such individual or 
        such individual's spouse for such taxable year.
            ``(9) Health savings account contributions not part of 
        cobra coverage.--Paragraph (1) shall not apply for purposes of 
        section 4980B.
            ``(10) Definitions.--Terms used in this subsection which 
        are also used in section 223 shall have the same respective 
        meanings as when used in such section.
            ``(11) Regulations.--The Secretaries of Treasury, Labor, 
        and Health and Human Services shall each issue such regulations 
        or other guidance as may be necessary or appropriate to carry 
        out the purposes of this subsection, including regulations or 
        other guidance to--
                    ``(A) prevent employers from offering plans 
                integrated with health savings accounts selectively to 
                sicker workers, and
                    ``(B) establish a safe harbor that helps employers 
                determine whether contributions to health savings 
                accounts with respect to which there is an integrated 
                health plan comply with affordability requirements 
                under the Patient Protection and Affordable Care Act 
                and the amendments made by such Act.
            ``(12) Cross reference.--For penalty on failure by employer 
        to make comparable contributions to the health savings accounts 
        of comparable employees, see section 4980G.''.
            (2) Nonapplication of erisa.--Contributions by an employer 
        to a health savings account (as defined in section 223 of the 
        Internal Revenue Code of 1986), and an integration eligible 
        health plan which is integrated with such account (within the 
        meaning of such section), shall not be treated as a plan for 
        purposes of the Employee Retirement Income Security Act of 1974 
        if--
                    (A) receipt of such contributions by the employee 
                is voluntary,
                    (B) the employer does not select or endorse the 
                integration eligible health plan which is integrated 
                with such account,
                    (C) no premiums, other than premiums for the 
                integration eligible health plan which is integrated 
                with such account, are paid from the account,
                    (D) the employer receives no consideration (money 
                or other benefit) in connection with the employee 
                selecting or renewing a plan, and
                    (E) each participant is notified annually that such 
                contributions and such plan are not subject to the 
                requirements of such Act.
    (c) Termination of Certain Other Health Care Related Tax 
Benefits.--
            (1) Exclusion limited to self-funded major medical plan of 
        employers.--Section 105(b) of such Code is amended by striking 
        ``paid,'' and inserting ``paid under a self-funded major 
        medical plan of the employer''.
            (2) Exclusion not applicable to health reimbursement 
        arrangements.--Section 105(h) of such Code is amended to read 
        as follows:
    ``(h) Exclusion Not Applicable to Health Reimbursement 
Arrangements.--Subsection (b) shall not apply to health reimbursement 
arrangements.''.
            (3) Repeal of exclusions from income for archer msas and 
        fsas.--Section 106 of such Code is amended by striking 
        subsections (b), (e), and (g).
            (4) Termination of deduction for contributions to archer 
        msas.--Section 220(a) of such Code is amended by adding at the 
        end the following: ``No amount shall be allowed as a deduction 
        under the preceding sentence for any taxable year beginning 
        after one year after the date of the enactment of this 
        sentence.''.
    (d) Bankruptcy Protections.--Section 522 of title 11, United States 
Code, is amended by adding at the end the following new subsection:
    ``(r) For purposes of this section, any health savings account (as 
described in section 223 of the Internal Revenue Code of 1986) shall be 
treated in the same manner as an individual retirement account 
described in section 408 of such Code.''.
    (e) Rollover of FSA, Archer MSA, HRA to Health Savings Account.--
Notwithstanding any other provision of law, if the remaining balance in 
a health flexible spending arrangement, Archer MSA, or health 
reimbursement arrangement is transferred to a health savings account 
before the end of any taxable year ending on or before one year after 
the date of the enactment of this Act, such transfer shall be treated 
as a rollover to the health savings account under section 223(f)(5) of 
the Internal Revenue Code of 1986 and the distribution from the health 
flexible spending arrangement, Archer MSA, or health reimbursement 
arrangement shall not be includible in gross income.
    (f) Effective Dates.--
            (1) In general.--The amendments made by subsections (a) and 
        (b) shall apply to taxable years beginning after the date of 
        the enactment of this Act.
            (2) Termination of certain other health care related tax 
        benefits.--The amendments made by subsection (c) shall apply to 
        taxable years beginning after the date which is 1 year after 
        the date of the enactment of this Act.
            (3) Bankruptcy protections.--The amendment made by 
        subsection (d) shall apply to cases commencing under title 11, 
        United States Code, after the date of the enactment of this 
        Act.

SEC. 3. UNUSED PREMIUM TAX CREDITS MAY BE DEPOSITED IN HEALTH SAVINGS 
              ACCOUNTS.

    (a) In General.--Section 36B is amended by redesignating subsection 
(h) as subsection (i) and by inserting after subsection (g) the 
following new subsection:
    ``(h) Excess Credit May Be Deposited Into a Health Savings 
Account.--
            ``(1) In general.--If the amount described in subparagraph 
        (B) of subsection (b)(2) exceeds the amount described in 
        subparagraph (A) of such subsection with respect to any 
        coverage month and an election under paragraph (2) is in effect 
        with respect to the applicable taxpayer, the Secretary shall 
        deposit such excess into a health savings account of such 
        taxpayer.
            ``(2) Election to deposit excess credit into a health 
        savings account.--A taxpayer may elect (at such time and in 
        such manner as the Secretary may provide) to have the Secretary 
        deposit the excess described in paragraph (1) into a health 
        savings account of the taxpayer. Any such election shall only 
        be treated as being in effect if the taxpayer provides the 
        Secretary with such information as the Secretary may require to 
        allow the Secretary to make such deposit.
            ``(3) Coordination with health savings account rules.--Any 
        amount deposited in a health savings account by the Secretary 
        under this subsection shall--
                    ``(A) be includible in the gross income of the 
                applicable taxpayer, and
                    ``(B) be taken into account as an amount paid to 
                such account for purposes of this section.
            ``(4) Treatment of deposits.--For purposes of section 1324 
        of title 31, United States Code, any deposit made under this 
        subsection shall be treated as a credit allowed under this 
        section.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after the date of the enactment of 
this Act.

SEC. 4. ONE-TIME APPLICATION OF SAVER'S CREDIT TO CONTRIBUTIONS TO 
              HEALTH SAVINGS ACCOUNTS.

    (a) In General.--In the case of an applicable taxable year, 
contributions to any health savings account of the taxpayer during such 
taxable year shall be treated as a qualified retirement savings 
contribution for purposes of section 25B of the Internal Revenue Code 
of 1986.
    (b) Applicable Taxable Year.--For purposes of this section, the 
term ``applicable taxable year'' means any taxable year elected by the 
taxpayer (at such time and in such manner as the Secretary of the 
Treasury may provide) which begins during the 3-year period beginning 1 
year after the date of the enactment of this Act. A taxpayer may not 
elect not more than 1 applicable taxable year under this subsection.

SEC. 5. GRANTS FOR HEALTH SAVINGS ACCOUNT ASSISTANCE AND OUTREACH.

    (a) In General.--The Administrator shall establish a grant program 
to provide assistance to eligible entities to carry out the activities 
described in subsection (c).
    (b) Application.--An eligible entity shall submit an application to 
the Administrator in such time and in such manner as the Administrator 
may require, providing that such application requires a demonstration 
of the existence of a relationship with, or the ability to establish a 
relationship with, an employer, employee, self-employed individual, or 
consumer eligible to enroll in a health savings account.
    (c) Use of Funds.--An eligible entity receiving a grant under this 
section shall use such funds to--
            (1) distribute fair and impartial information to consumers 
        about health savings accounts, including the availability of 
        such accounts and how such accounts may be utilized;
            (2) conduct activities to raise public awareness of health 
        savings accounts;
            (3) facilitate enrollment in health savings accounts; and
            (4) refer individuals enrolled in a health savings account 
        to the appropriate official, organization, or State agency for 
        the purpose of addressing a complaint, grievance, or other 
        question with respect to such health savings account.
    (d) Amount.--The Administrator may distribute up to $5,000,000 
annually to be divided among grant recipients under this section.
    (e) Report.--Not later than one year after the date on which the 
last of the grant periods awarded under this section ends, the 
Administrator shall submit a report to the Congress on the 
effectiveness of the grants provided under this section.
    (f) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Centers for Medicare & Medicaid Services.
            (2) Consumer.--The term ``consumer'' means an individual 
        enrolled in, or seeking to enroll in, a health savings account.
            (3) Eligible entity.--The term ``eligible entity'' includes 
        the following:
                    (A) A State.
                    (B) Trade.
                    (C) Industry.
                    (D) Professional associations.
                    (E) Commercial fishing industry organizations.
                    (F) Ranching and farming organizations.
                    (G) Community and consumer-focused nonprofit 
                groups.
                    (H) Chambers of commerce.
                    (I) Unions.
                    (J) Small business development centers (as defined 
                in section 21 of the Small Business Act (15 U.S.C. 
                648)).
                    (K) Other entities capable of carrying out the 
                activities described under subsection (b).
            (4) Health savings account.--The term ``health savings 
        account'' has the meaning given such term in section 223 of the 
        Internal Revenue Code of 1986.
            (5) State.--The term ``State'' means each of the several 
        States, the District of Columbia, each territory and possession 
        of the United States, and each federally recognized Indian 
        Tribe.
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