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Merritt Personal Lines Manual: State requirements.

Generally, if your state requires a health plan to provide certain benefits without a deductible or at a deductible that is less than the minimum annual deductible, the plan may not be an HDHP. However, for non-calendar year health plans, a plan that would otherwise qualify except that on its most recent renewal date before January 1, 2006, it complied with state law in effect on January 1, 2004, will be treated as an HDHP. This relief only applies to a coverage period of 12 months or less that began before January 1, 2006.

Family plans that do not meet the high deductible rules. There are some family plans that have deductibles for both the family as a whole and for individual family members. Under these plans, if you meet the individual deductible for one family member, you do not have to meet the higher annual deductible amount for the family. If either the deductible for the family as a whole or the deductible for an individual family member is below the minimum annual deductible for family coverage, the plan does not qualify as an HDHP.

Example.

You have family health insurance coverage in 2006. The annual deductible for the family plan is $3,500. This plan also has an individual deductible of $1,500 for each family member. The plan does not qualify as an HDHP because the deductible for an individual family member is below the minimum annual deductible ($2,100) for family coverage.

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