III.A · Medical Expense: Individual Insurance
HSA withdrawals, inherited HSAs and the California difference
Plain version: HSA money goes in with a tax break and comes out tax free, as long as it is spent on qualified medical expenses. The owner can take money out at any time; the tax result depends on what it pays for.
Non-medical withdrawals: the amount is taxable income and also bears a 20% additional tax, unless the distribution is made after the holder becomes disabled, reaches age 65 or dies. Age 59½ plays no role in HSA rules. Even without the additional tax, a non-medical distribution is still taxable income. Example: at age 50, not disabled, Jay takes $1,500 for a new TV. He adds $1,500 to income and owes 20% × $1,500 = $300 more.
Premiums: HSA money generally cannot buy insurance. The exceptions are long-term care insurance, continuation coverage such as COBRA, health coverage while receiving unemployment compensation and, at age 65 or older, Medicare and other health coverage. Premiums for a Medicare supplement (Medigap) policy are expressly left out, even after 65.
At death:
Spouse as beneficiary: the spouse may treat the account as his or her own HSA.
Anyone else: the account stops being an HSA, and its fair market value is taxable to the beneficiary in the year of death. The amount is reduced by the decedent's qualified medical expenses that the beneficiary pays within 1 year after death.
California is different. Federally, employer HSA contributions are excluded from the employee's income. California's Revenue and Taxation Code says the federal provision on employer HSA contributions, Internal Revenue Code section 106(d), shall not apply (Rev. & Tax. Code §17131.4(a)), so there is no matching California exclusion. Do not assume federal and California HSA rules match.
Remember
· Non-medical withdrawal before 65: income tax + 20% additional tax.
· After 65, disability or death: no 20% tax, but still taxable income.
· Medigap premiums are never HSA-eligible; Medicare's own premiums are, at 65+.
· California does not exclude employer HSA contributions from income.
CA
California Insurance Exam Prep
Bilingual practice for the California insurance license exams.
California Insurance Exam Prep is an independent study aid published by ORIGINAL HEART INC. It is not affiliated with, endorsed by, or connected to the California Department of Insurance (CDI) or PSI Services. All practice questions are original and written from the public CDI examination objectives and California law. They are not actual exam questions. Using this app does not guarantee that you will pass the licensing exam. Laws and exam content change; always check the current CDI Candidate Information Bulletin.
© 2026 ORIGINAL HEART INC
Exam prep classes
Life and real estate license exam prep with experienced instructors.
Learn more ›