I 118th CONGRESS 1st Session H. R. 5716 IN THE HOUSE OF REPRESENTATIVES September 26, 2023 Mr. LaHood (for himself and Mr. Hern ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to allow contributions to a health savings account when a spouse has a health flexible spending account.

1. Short title This Act may be cited as the Health Savings for Families Act of 2023 . 2. Contributions permitted if spouse has health flexible spending account (a) Contributions permitted if spouse has a health flexible spending account Section 223(c)(1)(B) of the Internal Revenue Code of 1986 is amended by striking and at the end of clause (ii), by striking the period at the end of clause (iii) and inserting , and , and by inserting after clause (iii) the following new clause: (iv) coverage under a health flexible spending arrangement of the spouse of the individual for any plan year of such arrangement if the aggregate reimbursements under such arrangement for such year do not exceed the aggregate expenses which would be eligible for reimbursement under such arrangement if such expenses were determined without regard to any expenses paid or incurred with respect to such individual. . (b) Effective date The amendment made by this section shall apply to plan years beginning after December 31, 2023.