Bill

BILL โ€ข US SENATE

S 3362

Health Marketplace and Savings Accounts for All Act

119th Congress

This bill expands health savings account access by removing high-deductible plan mandates and creates marketplace pools to give individuals and small groups access to group-rate in

Introduced in Senate
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Bill Summary ยท S 3362

Bill Summary: Health Marketplace and Savings Accounts for All Act (S. 3362)

Overview

The Health Marketplace and Savings Accounts for All Act is a comprehensive piece of legislation designed to expand access to health savings accounts (HSAs) and create new avenues for group health insurance coverage. The bill is divided into two primary titles: one focused on the liberalization and expansion of HSA rules and another focused on creating "health marketplace pools" that allow individuals and small entities to access group-rate insurance.


Key Provisions

Title I: Health Savings Accounts For All Act of 2025

This title aims to make HSAs more flexible, increase the amount of money individuals can save, and expand what the funds can be used for.

  • Increased Contribution Limits: The bill ties HSA contribution limits to the applicable dollar amounts used for retirement accounts (Section 402(g) of the Internal Revenue Code), effectively increasing the amount individuals can contribute annually. It also provides a specific "catch-up" contribution for individuals aged 50 and older.
  • Removal of the HDHP Mandate: In a significant shift, the bill removes the requirement that an individual must be covered by a High Deductible Health Plan (HDHP) to open or contribute to an HSA.
  • Expanded Eligible Expenses: The act expands "qualified medical expenses" to include wellness expenses, specifically:
    • Vitamins and dietary supplements.
    • Gym or fitness facility memberships.
    • Wearable fitness trackers.
  • Increased Flexibility:
    • Direct Primary Care: Allows HSA funds to be used for direct primary care service arrangements (fixed periodic fees for primary care).
    • Easier Rollovers: Permits the rollover of HSAs to children, parents, or grandparents.
    • Retroactive Expenses: Allows medical expenses incurred in the year before an HSA was established to be treated as qualified expenses.
    • Error Correction: Creates a mechanism to correct administrative or payroll errors before the tax filing deadline without penalty.
  • Bankruptcy Protection: Grants HSAs the same legal protections in bankruptcy proceedings as Individual Retirement Accounts (IRAs).

Title II: Health Marketplace for All Act of 2025

This title seeks to lower the barrier for individuals and small groups to obtain group-rate health insurance.

  • Health Marketplace Pools: The bill allows the creation of "health marketplace pools." These entities are "deemed employers" under the Employee Retirement Income Security Act (ERISA), meaning they can offer group health plans or group insurance to their members.
  • Broad Membership: These pools can include individuals, employers, and their employees. Membership cannot be conditioned on a person's health status.
  • Specialized Coverage: The bill explicitly allows these pools to offer plans that cover only prescription or non-prescription drugs, providing a more modular approach to health coverage.
  • Legal Safeguards: Participation in such a pool does not create a legal employer-employee relationship or a "joint employer" status for any purpose other than providing the health plan.

Who is Affected?

  • Individual Taxpayers: Will have more freedom to save for healthcare and use those funds for preventive wellness (gyms, trackers) and primary care.
  • Older Adults (50+): Benefit from increased "catch-up" contribution limits.
  • The Uninsured or Self-Employed: Can now access HSAs without needing a specific high-deductible insurance plan and can join marketplace pools to access group-rate insurance.
  • Families: Benefit from expanded rollover options to parents, children, and grandparents.

Procedural Status

  • Introduced: December 4, 2025
  • Current Status: Read twice and referred to the Committee on Finance.

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