I agree. The problem is that the "use up in a future year" procedure does not seem to be described in the actual instructions to form 8889, even though other publications and regulations say you are allowed to do that.
You certainly need to pay the 6% penalty for 2022, if you have an excess, and that will go on form 5329.
The alternative would be to remove the excess from the HSA and then contribute the full amount for 2023. You can remove the excess up to October 15, but if you remove the excess after April 15, you have to file an amended return using a special procedure.
