Can I reimburse myself from my HSA for health care premiums I pay to my previous employer without penalties or taxes?

[gunsaljm]

I am 62, retired and the insurance premium is more than 5 times what I paid when I was employed.  The insurance is the same as I previously had (Aetna) and not COBRA. Basically, I'm paying full price for the insurance I used to have.

[NCperson]

no - you can't

https://www.irs.gov/publications/p969

Insurance premiums.

You can’t treat insurance premiums as qualified medical expenses unless the premiums are for any of the following.

1. Long-term care insurance.

2. Health care continuation coverage (such as coverage under COBRA).

3. Health care coverage while receiving unemployment compensation under federal or state law.

4. Medicare and other health care coverage if you were 65 or older (other than premiums for a Medicare supplemental policy, such as Medigap).

[gunsaljm]

I'm still foggy on item #2 in your response. I do not work as of last August and I am paying my previous employer, at 5 times the cost, my monthly healthcare premiums to continue my same health insurance.  Is that not "continuation coverage" as stated in item #2?  I am paying out of pocket premiums to continue my insurance.

[NCperson]

@gunsaljm -  If you are able to continue this insurance - at your option - forever, it is not 'continuation insurance' which has a limited life, such as COBRA.  COBRA is a specific plan offered to you by law that has 18 months of coverage and then it stops. 

Many large employers provide 'insurability' protection, meaning if you leave and are 'retiree eligible' you can continue paying the full, unsubsizied premium and continue the insurance.  This is 'private insurance' no different than going to a Aetna or other large insurance carrier to obtain medical insurance.  this is NOT 'continuation insurance" 

here is a rather gory IRS document that explains 'continuous coverage'.   See 'maximum coverage period' on page 12.

https://www.irs.gov/pub/irs-utl/contofemployeehealthcarecoverageatg.pdf

if it is any consolation, once you are 65 and flip over to Medicare, you can withdraw the HSA money to pay for that premium.