Yes, they will qualify if you remove them from your non-HDHP. She will need to enroll in her own HDHP to be eligible for an HSA. Here are the requirements according to Pub 969 she is an eligible individual for the plan if:
- You are covered under a high deductible health plan (HDHP), described later, on the first day of the month.
- You have no other health coverage except what is permitted under Other health coverage, later.
- You aren’t enrolled in Medicare.
- You can’t be claimed as a dependent on someone else’s 2022 tax return. (the pub says 2020 but this will be for the tax year 2022)
What is great about qualification for HSA is that it uses the last-month rule to be eligible. What this means is that she is considered to be an eligible individual for the entire year if she is an eligible individual on the first day of the last month of the tax year (December 1 for most taxpayers). So if she claims her own dependency, and if she waits until Dec 1 to enroll, she is eligible to claim her full contribution for the year. I am using this as an example but you can see where this is going.
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