Updated: OK HB 2678: Important Update for Oklahoma Members with HSA Plans

Group and Retail

Jan. 05, 2022

We reported previously about Oklahoma House Bill 2678 (HB 2678) that requires all member payments, including drug coupons or copay assistance cards to apply to a member’s cost sharing.

What you need to know: HB 2678 requires that any payments made by or on behalf of a member must apply to the member’s deductible and out-of-pocket maximum (OOPM). Blue Cross and Blue Shield of Oklahoma (BCBSOK) is following the state law as required and we will apply payments from a drug company coupon or copay assistant card to the member’s deductible/OOPM.

However, HB 2678 conflicts with IRS rules around health savings accounts (HSA) for high-deductible plans.

  • IRS rules say that third-party payments such as drug coupons and copay assistance cards can’t apply to the deductible of a high-deductible plan with an HSA.

What does this mean to our members? For members of HSA plans, the way discounts from drug coupons or copay assistance cards are applied to their deductible may not meet IRS requirements.

What can we tell members? The Oklahoma Department of Insurance has requested additional guidance from the Legislature. In the meantime, we have published a notice on our website for members with information and direction to consult their tax advisors if they have questions.

Please send us your question so a licensed agent can contact you.

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Last Updated: Dec. 06, 2023