45-18-3.1. Required inclusion of high deductible health plans.

As used in this Code section, the term:#

1. (1)

   “Covered employee” means an individual described in subparagraph (A) or (D) of paragraph (2) of Code Section 45-18-1.#

2. (2)

   “High deductible health plan” shall have the meaning as set forth in Section 223 of the United States Internal Revenue Code.#

On or before January 1, 2028, the board shall ensure that at least two high deductible health plans are included in the health insurance plan or plans established under this part that are offered by different insurance providers that each have an affiliated custodian for health savings accounts authorized under Section 223 of the United States Internal Revenue Code, provided that any bid proposals accepted by the board for such high deductible health plans are cost neutral.#

On or before January 1, 2026, the board shall ensure that each covered employee who is enrolled in a high deductible health plan that is included in the health insurance plan or plans established under this part has the ability to make pretax contributions, through deductions from the salary, wages, or other compensation payable to such covered employee, to a health savings account, as authorized under Section 223 of the United States Internal Revenue Code, that is maintained by a custodian affiliated with the health insurance provider that offers such high deductible health plan.#

The State Accounting Office or the head of any state governmental entity that employs a covered employee who is enrolled in a high deductible health plan included in the health insurance plan or plans established under this part shall be authorized to deduct or reduce from the salary, wages, or other compensation payable to such covered employee amounts voluntarily designated by such covered employee for the purpose of making contributions to a health savings account, as authorized under Section 223 of the United States Internal Revenue Code.#

Any governmental entity that employs individuals who do not meet the definition of a covered employee as provided in subsection (a) of this Code section but who are included in the health insurance plan or plans established under this part, including, but not limited to, any local board of education, is encouraged to ensure that any such individuals who are enrolled in a high deductible health plan included in the health insurance plan or plans established under this part can make pretax contributions, through deductions from the salary, wages, or other compensation payable to such individuals, to a health savings account, as authorized under Section 223 of the United States Internal Revenue Code.#