I don't have the link any more, it's from a PDF of a timeline for the health care bill provisions to take effect. These are the items that affect HSA/FSA's:
2011:
- Penalties for non-qualified HSA and Archer MSA distributions double (to 20%)
- No longer allowed to use FSA, HSA, HRA, Archer MSA distributions for over-the-counter medicines
2013:
- Impose $2,500 annual cap on FSA contributions (indexed to CPI)
2014:
- Individuals without govt-approved coverage are subject to a tax of the greater of $695 or 2.5% of income
- Employers who fail to offer affordable coverage would pay a $3,000 penalty for every employee that receives a subsidy through the Exchange
- All non-grandfathered and Exchange health plans required to meet federally-mandated levels of coverage
- Limits out-of-pocket cost-sharing (tied to limits in HSAs, currently $5,950/$11,900 indexed to COLA)
- Insurance plans must include government-defined essential benefits and coverage levels
Those last 5 items in 2014 effectively ban HSA's and FSA's because they have high deductibles, which the government deems is "unfair" and offer insufficient coverage. How dare we plebes decide how to spend our own money.