I believe it will, although I can't be positive that your HSA custodian won't object to it for some reason.
But the net effect is the same. You are losing the ability to contribute and deduct the $367 (or whatever it is) for 2021 so you are still being "penalized" in a sense, it's just an opportunity cost instead of an actually penalty.
Listen, if the old HSA custodian objects (I don't think they will), then you will just carryover the excess, pay the 6%, and then under contribute to the HSAs by $367 (or whatever) so that the carryover will be used up.
But I think it will be worthwhile to give this method a try.
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