My spouse has an HRA that only covers her. Am I eligible to contribute to HSA?

[Karl26]

Spouse has Health Insurance through employer and a HRA that contributes $1000 a year. HRA is only able to be used by those covered under the plan. HRA covers medical, dental, and vision. I have separate Health Insurance through my employer through a HDHP. Can I contribute to an HSA since I am not covered by her HRA? My employer is saying I can't contribute, since my spouse has a HRA, but I don't have access to the HRA? Its my understanding I can spend the HSA on her still, is that the reason why I can't contribute? Married, filing jointly. 

[Opus 17 · Accepted solution]

Yes, you are eligible, provided that you are correct about your spouse's insurance and HRA coverage limitations.

From publication 969,

Other health coverage.

If you (and your spouse, if you have family coverage) have HDHP coverage, you can’t generally have any other health coverage. However, you can still be an eligible individual even if your spouse has non-HDHP coverage, provided you aren’t covered by that plan.

[Mike9241]

be sure to determine what is meant by those "covered" under the plan. the plan may define that as just the employee or the employee and family members. 

[Karl26]

They have the option for Single or Family coverage for Health Insurance. The employer did confirm the HRA will only cover expenses for those under the Health Insurance. So if you choose the single option spouse/family are not covered with the HRA. I think that would clarify that I can contribute to my HSA based on the above responses.

[Opus 17]

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@Karl26 wrote:

They have the option for Single or Family coverage for Health Insurance. The employer did confirm the HRA will only cover expenses for those under the Health Insurance. So if you choose the single option spouse/family are not covered with the HRA. I think that would clarify that I can contribute to my HSA based on the above responses.

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Right.  There is sometimes a difference between what the tax regulations say you can do, and what the employer says.  The regulations say an HRA can be used to pay expenses for self, spouse, and dependents.  The employer can't expand the list of covered people, but they can narrow it to only the subscriber if they want to.