The answer is Yes, HSA plans will remain available. Deductibles on individual plans should be similar to what they are now, though in some states maximum deductibles may be as low as $4500 or so for an individual (compared to $6250 now).
Deductibles on Group Plans
For group plans, the legislation sets the maximum deductibles at $2000 for individuals, and $4000 for families. For this reason alone, many small groups may instead let their employees get coverage in the individual market.
However, this is in conflict with another part of the law, which states that people can choose a Bronze, Silver, Gold, or Platinum plan. The bronze plans have a 60 percent actuarial value, meaning they will pay 60 percent of a typical policyholders medical bills during an average year. This actuarial value cannot be reached with a deductible as low as $2000.
On page 70,671 of the law (yikes!), there is a regulation that allows deductibles to go higher:
“(3) A health plan’s annual deductible may exceed the annual deductible limit if that plan may not reasonably reach the actuarial value of a given level of coverage as defined in § 156.140 of this subpart without exceeding the annual deductible limit.”
So this is good news for all – high deductible HSA plans look like they’re here to stay.