Wisconsin Codifies Federal Telehealth Rule into Law
Senior Compliance Attorney
On October 26, 2023, Wisconsin Governor Tony Evers signed 2023 Wisconsin Act 35 into law. This is based on Assembly Bill 364 which amends Wis. Stat. 71.98(1). The law change adopts federal tax law as it relates to health savings accounts (HSAs) and telehealth services.
Wisconsin now recognizes that a health plan will remain a qualified high deductible health plan for HSA purposes even if it fails to have a deductible for telehealth and other remote care services. The new provision applies to taxable years beginning after December 31, 2021.
The State of Wisconsin has codified this federal law into its state statutes. While it does not change the current federal law, it does ensure that unless modified at the state level, employer sponsored health plans in the State of Wisconsin will reflect this rule.
The information provided is a summary of laws and regulations relating to employee benefit plan compliance. This information should not be construed as legal advice. In all cases, employers should consult with their own legal counsel.