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Are the eligibility rules the same for the HSA as they are for the State HDHP for dependents who are not tax dependents?

No. Dependents can be covered on your HDHP through the end of the month when they turn age 26; HSA funds can only be used for you, your spouse, any dependent claimed on your tax return, or any person you could have claimed as a dependent on your tax return.

HSA money cannot be used for adult children covered by your HDHP who you do not claim as dependents on your taxes. Dependents must be under age 19 (or under age 24 if a full-time student) and must rely on you for over half of their support for the plan year. Contact your tax advisor for more information.

Note: Your spouse or dependents do not need to be enrolled in the HDHP to have expenses covered by an HSA.