@Opus 17 has a well written write-up on this same situation in the last week. I am having trouble finding it, but hopefully he'll see this and respond
Note that you can only have the HSA if you are on high deductible medical insurance plan. You can't "have your cake and eat it too" (i.e. HSA and a low deductible medical insurance plan) . "High deductible" is defined by the government.
