New Bill Seeks HSA Access for U.S. Workers Aged 65 and Older

Minnesota Rep. Michelle Fischbach recently introduced the Hardworking Seniors Act (H.R. 10072), a bill that aims to help employed Americans ages 65 and older utilize health savings accounts (HSAs).

The Republican lawmaker’s bill, which was referred to the House of Representatives’ Ways and Means Committee, would specifically benefit working seniors who remain covered by a qualifying high-deductible health plan (HDHP) through their employer.

Under current Internal Revenue Service (IRS) regulations, people who qualify for Medicare’s Part A hospitalization program are unable to make tax-advantaged contributions to such a plan, even if they are still actively working.

The IRS refers to a coverage type exclusion list in determining whether an individual may contribute to an HSA. The bill would amend the Internal Revenue Code to add Part A to that list and lift the current restriction.

The bill draws upon some of the stipulations within the HSA Modernization Act (H.R. 548), which was introduced by Rep. Beth Van Duyne (R-Texas) in January 2025.

The Employers Council on Flexible Compensation (ECFC), a nonprofit organization dedicated to the advocacy and education of tax-advantaged benefit programs that facilitate choice for employers and their employees, lauded the new bill’s introduction, stating, “Allowing HSA contributions for working seniors would give them a flexible, tax-advantaged tool to prepare for these costs, strengthening the financial security and reducing the long-term burden on those with fixed incomes.”

In the details of the two-page bill, the amendments to Section 223 of the Internal Revenue Code would “apply to months beginning after Dec. 31, 2026, in taxable years ending after such date.”

Editor’s Note: Additional Content

For more information and resources related to this article, see the pages below, which offer quick access to all WorldatWork content on these topics:

• Employee Benefits
• Well-Being