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What is right? HSA, Cafateria Plan aka section 125, HDHP premiums

Hi All;

When I worked for an employer who offered health plans, the premiums were deducted from my pay "pre-taxed" under the Cafeteria aka section 125 rule.

 

I now work for a small company who does not offer health insurance of any kind.  I obtain my HDHP through my state market place.  I was told by my market place insurance agent I could put my premium money into my HSA and than pay the premiums from there - He gave me the following info: IRS regulations Pub 502, medical expenses include premiums that cover insurance used to cover medical care...

 

It seems to me, if an employee can take the benefit of pretax dollars being used for premiums, a pink-collar worker should have the same benefit, but my insurance carrier says otherwise.

 

Thanks for your thoughts and considerations

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