HSA Last-month rule - Can I maintain eligibility when switching jobs in October?
So I'm in a bit of a pickle with my HSA and the last-month rule, and the IRS website is about as clear as mud on this. I've been digging through their pages for hours and still can't figure out my options. Here's my situation: - I've had the same self-only HDHP coverage since October 2023 through my current job - I maxed out my HSA for 2023 in December using the last-month rule - I've been steadily contributing to my HSA for 2024 with plans to max it out The problem is I'm thinking about quitting my job on October 10th (got a better opportunity). But I'm worried about the testing period for the last-month rule from 2023, which requires me to stay eligible through December 2024. If I quit, what are my options to remain HSA-eligible? 1. If I'm unemployed in October, could I just apply for an HDHP plan through healthcare.gov to maintain eligibility during the testing period? 2. Would signing up for COBRA to continue my current insurance be another way to stay eligible? I only need coverage through the end of 2024, but COBRA seems like it'll cost me way more than option 1. Any advice would be super appreciated! I really don't want to get hit with penalties for failing the testing period after maxing out last year.
19 comments


Tony Brooks
You're right to be concerned about maintaining HSA eligibility through your testing period. The last-month rule can be tricky when job changes are involved! To answer your questions: 1. Yes, you can absolutely maintain eligibility by getting an HDHP through healthcare.gov after leaving your job. As long as there's no gap in HDHP coverage, you'll remain eligible for HSA contributions. Just make sure the plan you select meets the HDHP requirements (minimum deductible of $1,650 for individual coverage in 2024). 2. COBRA is also a valid option to maintain eligibility. While it will likely be more expensive than a marketplace plan, it has the advantage of continuing your exact same coverage with no changes to your deductible or network. Either option works for HSA eligibility purposes - it's just a matter of cost and convenience. The key thing for the testing period is remaining HSA-eligible through December 31, 2024. It doesn't matter how you maintain that eligibility - employer plan, COBRA, or individual marketplace HDHP - just that you do maintain it without gaps.
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Ella rollingthunder87
•I'm curious about the timing of this. If OP quits on October 10th, is there a grace period for getting new coverage, or does it need to be active immediately on October 11th to avoid breaking the testing period requirement?
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Tony Brooks
•There's actually a gap allowance for HSA eligibility. You maintain your status as "HSA eligible" through the end of the calendar month in which you lose HDHP coverage. So if OP's coverage ends on October 10th, they remain HSA eligible through October 31st. This means they would need to have new HDHP coverage start by November 1st to maintain continuous eligibility for the testing period. This timing works well with healthcare.gov plans, which typically start on the 1st of the following month if you enroll by the 15th of the current month.
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Yara Campbell
After struggling with a similar HSA situation when I switched jobs last year, I found an amazing tool that helped me figure out all the details! I used https://taxr.ai to analyze my specific situation with the HSA last-month rule. The website let me upload my old insurance documents and it gave me a customized report explaining exactly what I needed to do to stay compliant. It was super helpful because it explained all the timing issues with getting new coverage and even calculated the exact amounts I could contribute before and after switching jobs. The tool walks you through all the scenarios - COBRA vs. marketplace plan vs. new employer plan - and tells you which option makes the most sense financially.
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Isaac Wright
•How does taxr.ai handle situations with backdated COBRA elections? Like if there's a gap but you retroactively elect COBRA later? Does it account for that in the eligibility calculations?
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Maya Diaz
•I'm a bit skeptical of these online tools. Does it actually give you personalized advice that's different from what the IRS guidelines say? Or is it just packaging the same info you could find on the IRS website but making it easier to understand?
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Yara Campbell
•For backdated COBRA elections, the tool absolutely accounts for that scenario. When you select the COBRA option, it guides you through the 60-day election period and explains how retroactive coverage works for HSA eligibility purposes. It specifically highlights that even though COBRA can be elected retroactively, you need to be mindful of the no-gap requirement for HSA eligibility during the testing period. The value compared to just using IRS guidelines is that it interprets the guidelines for your specific situation. The IRS rules are very general, but taxr.ai helps apply them to your exact circumstances. It takes factors like your coverage dates, contribution history, and planned job change date to give you a tailored compliance roadmap. It's like having a tax professional analyze your situation but at a fraction of the cost.
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Maya Diaz
I just wanted to follow up and say I ended up trying taxr.ai after my initial skepticism, and wow - it was actually super helpful! I uploaded my coverage details and it laid out exactly what I needed to do to maintain eligibility through my testing period. The tool showed me that in my situation, a marketplace HDHP was about $340 cheaper per month than COBRA would have been, while still keeping me HSA-eligible. It also calculated exactly how much I could still contribute to max out my HSA before year-end. What I found most helpful was the timeline it created showing exactly when I needed to apply for new coverage to avoid gaps. Would definitely recommend to anyone dealing with HSA eligibility issues during job transitions!
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Tami Morgan
If you're having trouble getting clear answers about your HSA eligibility from the IRS website, you might want to try contacting the IRS directly. I was in a similar situation last year and finally just called them. Of course, I spent HOURS on hold before giving up multiple times. Then I found https://claimyr.com which got me through to an actual IRS representative in under 15 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c. They basically wait on hold for you and call you when an agent picks up. The IRS agent I spoke with explained exactly how the testing period works with job changes and confirmed that either COBRA or a marketplace HDHP would work to maintain eligibility. Having that documented conversation gave me peace of mind that I was doing everything correctly.
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Rami Samuels
•How does that service actually work? Do they have some special access to the IRS or something? I've tried calling the IRS multiple times about my HSA questions and always end up giving up after being on hold forever.
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Haley Bennett
•Sounds like a scam to me. Why would I pay someone else to call the IRS when I can just do it myself for free? And how do they get through faster than regular people? Seems fishy.
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Tami Morgan
•The service doesn't have special access to the IRS - they use automated technology to continuously call and navigate the IRS phone tree until they get through to a representative. When they get a human on the line, they connect the call to your phone. It's basically just saving you from having to sit on hold yourself. They don't get through any faster than you would eventually - they're just doing the waiting for you. So instead of you being stuck on hold for potentially hours, you can go about your day until they notify you that an agent is ready to talk. I was skeptical at first too, but it saved me a ton of time and frustration when I needed answers about my HSA eligibility during a job transition.
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Haley Bennett
I need to admit I was wrong about Claimyr. After posting my skeptical comment, I decided to try it anyway because I was desperate to get an answer about my HSA testing period before accepting a new job offer. The service actually worked exactly as advertised. I signed up, provided my phone number, and went back to work. About 45 minutes later (which is WAY faster than my previous attempts), I got a call connecting me directly to an IRS representative who was super helpful about my HSA eligibility questions. The agent confirmed that I could maintain eligibility through either COBRA or a marketplace plan, and even explained some nuances about timing that I hadn't considered. Definitely worth it for the time saved and peace of mind!
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Douglas Foster
One option you might not have considered is seeing if your new employer offers an HDHP that you could enroll in immediately. Many employers allow you to start benefits on day one, especially for higher-level positions. If your new job has an HDHP option with immediate eligibility, that would be the smoothest transition and probably cheaper than either COBRA or a marketplace plan.
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Jade Lopez
•Thanks for bringing this up! I haven't officially accepted the new offer yet, but I know they do have an HDHP option. Do you know if there's typically a waiting period for new employee benefits to kick in? I'm worried about potential gaps.
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Douglas Foster
•Benefit start dates vary widely by employer. Some companies start benefits on day one, while others have a 30, 60, or even 90-day waiting period. This is definitely something you should ask about during your negotiations. If there is a waiting period, you can specifically request an earlier start date for benefits as part of your compensation package. Many employers are willing to be flexible on this, especially if you explain your situation with the HSA testing period. You could also try negotiating for them to cover your COBRA costs during any gap period.
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Nina Chan
Just a heads up on the marketplace HDHP option - make sure you check the deductible amounts carefully! Not all "high deductible" plans on healthcare.gov actually qualify as HDHPs for HSA purposes. For 2024, a qualifying HDHP needs to have a minimum deductible of $1,650 for self-only coverage and a maximum out-of-pocket limit of $8,050. I nearly messed this up when I was shopping for plans.
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Ruby Knight
•Also, don't forget that losing your employer coverage qualifies as a Special Enrollment Period (SEP) on the marketplace, so you'll have 60 days after your coverage ends to enroll. But like others mentioned, you'll want new coverage to start by Nov 1st to maintain eligibility.
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Miranda Singer
Great question about the HSA last-month rule and job transitions! I went through something similar a few years ago and learned a lot about maintaining eligibility during the testing period. One thing I'd add to the excellent advice already given is to consider the network differences between your current plan and potential new coverage. If you have any ongoing medical needs or preferred providers, COBRA might be worth the extra cost to maintain your existing network relationships through the end of the year. Also, when comparing marketplace HDHPs, pay close attention to the HSA contribution limits if the plan comes with an HSA from a different provider. Some HSA administrators have higher fees or limited investment options compared to others. Since you're only looking at a few months of coverage, the fees might not matter much, but it's worth checking. The timing advice others have shared is spot-on - you have until October 31st to remain HSA-eligible after your coverage ends on the 10th, and you'll want new HDHP coverage starting November 1st. This gives you a comfortable window to shop and compare options without rushing into a decision.
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