May I assume that you did not have unconflicted HDHP coverage in December? That is, when you enter the months that you had Family HDHP coverage, that you marked December as Medicare or None?
If so, you don't "get around this".
If my assumption above is correct - and please tell me if it's not - then you need to contact your HSA custodian before April 15, 2024 and request the "withdrawal of excess contributions" (use this exact phrase), or look on the custodian's website for the form to do this online.
This will solve the excess contribution problem. If the excess came from the code W amount in box 12 on your W-2, the HSA custodian will send you a check for the 700 (or whatever it is). Yes, the 700 will be added to your income, but since you are getting a check in the mail, you'll be able to cover the extra tax.
You will also receive at some point in 2024 a 1099-SA with a distribution code of 2. This is for the earnings that your excess earned while in your HSA. You will add this to your 2024 tax return (remember we are still doing your 2023 tax return now).
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