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Compliance Alert: IRS Releases 2023 HSA Contribution Limits and HDHP Deductible and Out-of-Pocket Limits

May 4, 2022

/Employee Benefits

In Rev. Proc. 2022-24, the IRS released the inflation adjusted amounts for 2023 relevant to Health Savings Accounts (HSAs) and high deductible health plans (HDHPs). The table below summarizes those adjustments and other applicable limits.

 20232022Change
Annual HSA Contribution Limit
(employer and employee)
Self-only: $3,850
Family: $7,750
Self-only: $3,650
Family: $7,300
Self-only: +$200
Family: +$450
HSA catch-up contributions
(age 55 or older)
$1,000$1,000No change
Minimum Annual HDHP DeductibleSelf-only: $1,500
Family: $3,000
Self-only: $1,400
Family: $2,800
Self-only: +$100
Family: $200
Maximum Out-of-Pocket for HDHP
(deductibles, co-payment & other amounts except premiums)
Self-only: $7,500
Family: $15,000
Self-only: $7,050
Family: $14,100
Self-only: +$450
Family: +$900

Stethoscope and calculator on desk to add up medical expenses.

Out-of-Pocket Limits Applicable to Non-Grandfathered Plans

The ACA’s out-of-pocket limits for in-network essential health benefits have also been announced and have increased for 2023.

 20232022Change
ACA Maximum Out-of-PocketSelf-only: $9,100
Family: $18,200
Self-only: $8,700
Family: $17,400
Self-only: +$400
Family: +$800

Note that all non-grandfathered group health plans must contain an embedded individual out-of-pocket limit within family coverage if the family out-of-pocket limit is above $9,100 (2023 plan years) or $8,700 (2022 plan years). Exceptions to the ACA’s out-of-pocket limit rule are available for certain small group plans eligible for transition relief (referred to as “Grandmothered” plans). While historically CMS has renewed the transition relief for Grandmothered plans each year, it announced in March that the transition relief will remain in effect until it announces that all such coverage must come into compliance with the specified requirements.

Next Steps for Employers

As employers prepare for the 2023 plan year, they should keep in mind the following rules and ensure that any plan materials and participant communications reflect the new limits:

  • HSA-qualified family HDHPs cannot have an embedded individual deductible that is lower than the minimum family deductible of $3,000.
  • The out-of-pocket maximum for family coverage for an HSA-qualified HDHP cannot be higher than $15,000.
  • All non-grandfathered plans (whether HDHP or non-HDHP) must cap out-of-pocket spending at $9,100 for any covered person. A family plan with an out-of-pocket maximum in excess of $9,100 can satisfy this rule by embedding an individual out-of-pocket maximum in the plan that is no higher than $9,100. This means that for the 2023 plan year, an HDHP subject to the ACA out-of-pocket limit rules may have a $7,500 (self-only)/$15,000 (family) out-of-pocket limit (and be HSA-compliant) so long as there is an embedded individual out-of-pocket limit in the family tier no greater than $9,100 (so that it is also ACA-compliant).

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About the Author. This alert was prepared for Woodruff Sawyer by Barrow Weatherhead Lent LLP, a national law firm with recognized experts on the Affordable Care Act. Contact Stacy Barrow or Nicole Quinn-Gato at sbarrow@marbarlaw.com or nquinngato@marbarlaw.com.

The information provided in this alert is not, is not intended to be, and shall not be construed to be, either the provision of legal advice or an offer to provide legal services, nor does it necessarily reflect the opinions of the agency, our lawyers or our clients. This is not legal advice. No client-lawyer relationship between you and our lawyers is or may be created by your use of this information. Rather, the content is intended as a general overview of the subject matter covered. This agency and Barrow Weatherhead Lent LLP are not obligated to provide updates on the information presented herein. Those reading this alert are encouraged to seek direct counsel on legal questions.

© 2022 Barrow Weatherhead Lent LLP. All Rights Reserved.

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