Can you still have an HSA account if one of your children carry secondary insurance?

We carry secondary insurance for my step-child per a recent court order. Her mother has set up an HSA in 01/07 and is using the secondary coverage for the child. Is it against the law to have an HSA when you have secondary medical coverage available to a child? I thought you couldn't have both secondary coverage and an HSA, but since it is a child and not the primary account holder doesn't that rule apply?
Can you still have an HSA account if one of your children carry secondary insurance?
Any adult can contribute to an HSA if they:





• Have coverage under an HSA-qualified “high deductible health plan” (HDHP)


• Have no other first-dollar medical coverage (other types of insurance like specific injury insurance or accident, disability, dental care, vision care, or long term care insurance are permitted).


• Are not enrolled in Medicare.


• Cannot be claimed as a dependent on someone else’s tax return.





Based on the above I agree with your thinking that she cannot have secondary coverage unless it is specific injury insurance or accident, disability, dental care, vision care, or long term care insurance
Reply:Anybody can have an HSA qualified plan with an HSA account and also have secondary insurance, although it's usually not cost effective (unless someone else is paying the premium). I have a funny feeling, though, that her mother is using the secondary as the primary and has maybe even taken her off the HSA qualified plan.