act-2005-0-48•Pennsylvania Act 2005-48 — HEALTH SAVINGS ACCOUNT ACT
Act text
HEALTH SAVINGS ACCOUNT ACT
Act of Jul. 14, 2005, P.L. 278, No. 48 Cl. 35
AN ACT
Authorizing the establishment and maintenance of health savings
accounts; providing for special tax provisions; and imposing
restrictions on health savings accounts.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Health
Savings Account Act.
Section 2. Legislative intent.
It is the intent of the General Assembly to extend special
tax provisions to health savings accounts established in this
Commonwealth pursuant to section 223 of the Internal Revenue
Code of 1986 (Public Law 99-514, 26 U.S.C. § 223).
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Account beneficiary." As defined in section 223(d)(3) of
the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C.
§ 223(d)(3)).
"Excess contribution distribution." A distribution described
in section 223(f)(3) of the Internal Revenue Code of 1986
(Public Law 99-514, 26 U.S.C. § 223(f)(3)). The term shall not
include amounts of income attributable to such distribution.
"Health insurance policy." An individual or group health,
sickness or accident policy or subscriber contract or
certificate issued by an entity subject to any one of the
following:
(1) The act of May 17, 1921 (P.L.682, No.284), known as
The Insurance Company Law of 1921.
(2) The act of December 29, 1972 (P.L.1701, No.364),
known as the Health Maintenance Organization Act.
(3) The act of May 18, 1976 (P.L.123, No.54), known as
the Individual Accident and Sickness Insurance Minimum
Standards Act.
(4) 40 Pa.C.S. Ch. 61 (relating to hospital plan
corporations) or 63 (relating to professional health services
plan corporations).
"Health savings account." As defined in section 223(d) of
the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C.
§ 223(d)).
"Qualified medical expenses." As defined in section 223(d)
of the Internal Revenue Code of 1986 (Public Law 99-514, 26
U.S.C. § 223(d)).
Section 4. Special tax provisions. (4 repealed July 6, 2006,
P.L.319, No.67)
Section 5. Mandated benefits.
(a) General rule.--Except as otherwise provided under
subsection (b), a health insurance policy that would qualify as
a high deductible health plan under section 223(c)(2) of the
Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §
223(c)(2)) shall be subject to any provision of law mandating a
minimum health insurance benefit or reimbursement.
(b) Exception.--A health insurance policy that would qualify
as a high deductible health plan under section 223(c) of the
Internal Revenue Code of 1986, when offered in conjunction with
a health savings account, shall not be subject to any provision
of law which restricts or limits deductibles for mandated
minimum health insurance benefits or reimbursements except to
the extent such provision mandates benefits for preventive care,
as determined by the standards set forth by the Internal Revenue
Service.
Section 6. Applicability.
Section 4 shall apply to taxable years beginning after
December 31, 2004.
Section 7. Effective date.
This act shall take effect in 60 days.
Continue sua pesquisa no ChatGPT ou Claude
Conecte o Omnilex para pesquisar o corpus jurídico pelo seu assistente de IA.