We had been planning to use our HSA for Cobra premiums. Our plan is to save up our HSA contributions to pay for our insurance premiums for the gap between my husband's retirement date and being eligible for medicare. Our plan is to have my husband retire at 63.5 at the earliest, and cobra for ~18 months (looks like these premiums will qualify). I will only be 62 when he is 65 so I need insurance for another 3 years. I think (not sure if I am understanding the Cobra rules correctly) that when my husband is eligible for medicare that is a qualifying event that will make me eligible for another 18 months of Cobra (seems too good to be true). What I am unsure of is if we can still use the remaining HSA funds for those premiums.
By the way, here is the IRS publication that I found:
https://www.irs.gov/publications/p969#en_US_2018_publink1000204086
And here are the rules for the HSA distributions being used for insurance premiums:
Insurance premiums.
You can’t treat insurance premiums as qualified medical expenses unless the premiums are for:
1. Long-term care insurance.
2. Health care continuation coverage (such as coverage under COBRA).
3. Health care coverage while receiving unemployment compensation under federal or state law.
4. Medicare and other health care coverage if you were 65 or older (
other than premiums for a Medicare supplemental policy, such as Medigap).
The premiums for long-term care insurance (item (1)) that you can treat as qualified medical expenses are subject to limits based on age and are adjusted annually. See Limit on long-term care premiums you can deduct in the instructions for Schedule A (Form 1040).
Items (2) and (3) can be for your spouse or a dependent meeting the requirement for that type of coverage. For item (4), if you, the account beneficiary, aren’t 65 or older, Medicare premiums for coverage of your spouse or a dependent (who is 65 or older) generally aren’t qualified medical expenses.
@WinniWoman , I hope that you are able to get to the bottom of this problem. Try to not let it overwhelm you. There are unfortunately a lot of connected rules and regulations that seem to fight each other. Someone who does this frequently, a financial planner maybe, may know them pretty well. Maybe you could arrange to consult with someone. It would be worth the money to know the correct answer. Or maybe someone on Bogleheads has already gone through this. Those folks are pretty savvy. Here's a thread that I found. Maybe it could help you?
https://www.bogleheads.org/forum/viewtopic.php?t=265892