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Can Same-Sex Couples or Domestic Partners Open an HSA?

Same-sex couples or domestic partners are permitted by many employers or insurance companies to elect HSA-qualified insurance plans allowing them to open an HSA. However, if they do not meet the definition of a "married couple" under the federal tax code, each person would need to establish an HSA in their own name and would not be able to use their HAS funds to reimburse their partner's qualified medical expenses since the law only permits HSA funds to be used tax-free for eligible medical expenses incurred by the individual, a spouse, or a dependent child.

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