- 10,805
Why wouldn't the employer just offer to fund employees health savings account and avoid all the legal problems?
Because policies that are paid with HSA funds are not eligible for Tax Credits.
Even if they still did it, the contribution would have to be structured as a bonus and the employee would need to have the option to take the bonus in cash or have it go into a HSA or it would be considered a group health plan.
Basically small business owners either need to offer true group health or dont. If they want to help employees out without having group health then give them a bonus in lieu of HI. Or pay for a decent Gap Plan.