@Anonymous wrote:
if you and/or her have family coverage both are treated as having family coverage. then you have to look at the deductible under your health plan and her health plan. the lower of the two must be used to determine if both of you are covered by a HDHP. if not then neither can contribute to an HSA because of the family coverage rule. so your HDHP can not have family coverage and neither can hers if you want to contribute to your HSA under self-only coverage.
This is confusing, and I may not understand what you are trying to say, but I think you are wrong. The taxpayer does not become ineligible if his spouse's health insurance has a low deductible, so long as the taxpayer is not a covered person on the spouse's plan. The IRS simply says,
"However, you can still be an eligible individual even if your spouse has non-HDHP coverage, provided you aren’t covered by that plan." (Presumably, it is common that the reason the spouse's medical coverage does not meet the eligibility test is that it has lower deductibles.) No such testing as you describe is required, as long as the taxpayer's spouse has self-only coverage.
See analysis here,
https://americanfidelity.com/blog/reimburse/hsa-mistakes-spouse
https://www.thefreelibrary.com/HSA+eligibility+when+spouse+has+non-HDHP+family+coverage.-a0133082216
