PUBLIC LAW 109–171—FEB. 8, 2006
120 STAT. 117
‘‘(i) may vary the amount of the annual deductible applied under paragraph (1)(A) based on the income of the family involved so long as it does not favor families with higher income over those with lower income; and ‘‘(ii) may vary the amount of the maximum outof-pocket cost sharing (as defined in subparagraph (B)) based on the income of the family involved so long as it does not favor families with higher income over those with lower income. ‘‘(B) MAXIMUM OUT-OF-POCKET COST SHARING.—For purposes of subparagraph (A)(ii), the term ‘maximum outof-pocket cost sharing’ means, for an individual or family, the amount by which the annual deductible level applied under paragraph (1)(A) to the individual or family exceeds the balance in the health opportunity account for the individual or family. ‘‘(8) CONTRIBUTIONS BY EMPLOYERS.—Nothing in this section shall be construed as preventing an employer from providing health benefits coverage consisting of the coverage described in paragraph (1)(A) to individuals who are provided alternative benefits under this section. ‘‘(d) HEALTH OPPORTUNITY ACCOUNT.— ‘‘(1) IN GENERAL.—For purposes of this section, the term ‘health opportunity account’ means an account that meets the requirements of this subsection. ‘‘(2) CONTRIBUTIONS.— ‘‘(A) IN GENERAL.—No contribution may be made into a health opportunity account except— ‘‘(i) contributions by the State under this title; and ‘‘(ii) contributions by other persons and entities, such as charitable organizations, as permitted under section 1903(w). ‘‘(B) STATE CONTRIBUTION.—A State shall specify the contribution amount that shall be deposited under subparagraph (A)(i) into a health opportunity account. ‘‘(C) LIMITATION ON ANNUAL STATE CONTRIBUTION PROVIDED AND PERMITTING IMPOSITION OF MAXIMUM ACCOUNT BALANCE.— ‘‘(i) IN GENERAL.—A State—
‘‘(I) may impose limitations on the maximum contributions that may be deposited under subparagraph (A)(i) into a health opportunity account in a year; ‘‘(II) may limit contributions into such an account once the balance in the account reaches a level specified by the State; and ‘‘(III) subject to clauses (ii) and (iii) and subparagraph (D)(i), may not provide contributions described in subparagraph (A)(i) to a health opportunity account on behalf of an individual or family to the extent the amount of such contributions (including both State and Federal shares) exceeds, on an annual basis, $2,500 for each individual (or family member) who is an adult and $1,000
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