Legal Alert: Some State Laws on Drug Coupons & Discounts Conflict with Federal Regulations
Written by Kristen RussellEmployers in some states should be aware of a potential issue with state law conflicting with HSA eligibility for individuals on fully-insured high-deductible plans. This relates to drug discounts or coupons used by a plan participant being applied to out-of-pocket expenses.
There are a few possible ways this may sort itself out in these states. At this time, it is unclear whether state legislative action or the state Department of Insurance will exempt HDHPs or if the IRS will provide an exemption or transitional relief.
Kristen Russell
Kristen founded Fall River Employee Benefits as the culmination of her insurance industry career as an actuary, underwriting executive & consultant. As an Assistant Vice President at Great-West Healthcare (now part of CIGNA), she managed a $1 Billion block of health insurance. She also worked as a Senior Consultant at Reden & Anders, consulting to insurance companies and large employers throughout the country. Ms. Russell received a Bachelor of Science, Business Administration in Actuarial Science, is a member of the American Academy of Actuaries and achieved Fellowship in the Society of Actuaries through a rigorous nine-year series of exams.
Kristen grew up in Iowa but has lived in Colorado since 1993, currently living near our office in the Lower Highlands neighborhood near downtown Denver. She enjoys bicycling, hiking, traveling and has a special passion for non-profit volunteering. She is married to an incredibly talented photojournalist, has two adult stepdaughters and an adorable Border Collie/Lab mix named Chaco.