I found this Transition Relief Notice from the IRS - hopefully, TT will get more formal verification from IRS
TRANSITION RELIEF
The Treasury Department and the IRS are aware that certain states require benefits for
male sterilization or male contraceptives to be provided without a deductible, and that
individuals have enrolled in health insurance policies and other arrangements that otherwise
would qualify as HDHPs with the understanding that coverage for male sterilization or male
contraceptives without a deductible did not disqualify the policies or arrangements from being
HDHPs. The Treasury Department and IRS also understand that certain states may wish to
change their laws that require benefits for male sterilization or male contraceptives to be
provided without a deductible in response to this notice, but may be unable to do so in 2018
because of limitations on their legislative calendars or for other reasons. Until these states are
able to change their laws, residents of these states may be unable to purchase health insurance
coverage that qualifies as an HDHP and would be unable to deduct contributions to an HSA.
*Accordingly, this notice provides transition relief for periods before 2020 (including
periods before the issuance of this notice), to individuals who are, have been, or become
participants in or beneficiaries of a health insurance policy or arrangement that provides benefits
for male sterilization or male contraceptives without a deductible, or with a deductible below the
minimum deductible for an HDHP. For these periods, an individual will not be treated as failing
to qualify as an eligible individual under section 223(c)(1) merely because the individual is
covered by a health insurance policy or arrangement that fails to qualify as an HDHP under
section 223(c)(2) solely because it provides (or provided) coverage for male sterilization or male
contraceptives without a deductible, or with a deductible below the minimum deductible for an
HDHP.
<a rel="nofollow" target="_blank" href="
https://www.irs.gov/pub/irs-drop/n-18-12.pdf">https://www.irs.gov/pub/irs-drop/n-18-12.pdf</a>
