(1)

(a) Establishment of accounts. On and after January 1, 1995, an employer may offer to establish medical savings accounts.

(b) An employee on whose behalf a medical savings account has not been established by his or her employer may establish such an account on his or her own behalf.

(2)

(a) Each year an employer may contribute to an employee's medical savings account an amount that does not exceed three thousand dollars.

(b) If an employer establishes a medical savings account for an employee but contributes less than the maximum set forth in paragraph (a) of this subsection (2), the employee may contribute the difference in accordance with the provisions of paragraph (d) of this subsection (2).

(c) An employee who establishes his or her own medical savings account may contribute to such account an amount that does not exceed the maximum set forth in paragraph (a) of this subsection (2). Any such contribution is to be made in accordance with the provisions of paragraph (d) of this subsection (2).

(d) Employee contributions - pretax.

(I) All employee contributions to medical savings accounts are made on a pretax basis, pursuant to section 39-22-104.6. Such contributions are subject to the same limitations as employer contributions.

(II) An employee shall elect to make contributions to his or her medical savings account by signing a written election. Such election is to be in the form prescribed by the executive director of the department of revenue and is to be signed prior to the date the employer withholds the first contribution.

(e) Employer contributions - tax deduction. Employer contributions to employee medical savings accounts constitute a deduction from the employer's federal taxable income, pursuant to sections 39-22-104 (4)(h) and 39-22-304 (3)(k).

(3) Distributions. (a) An account holder shall submit documentation of eligible medical expenses paid during the tax year to the account administrator, and the account administrator shall reimburse the account holder for such expenses.

(b) Moneys may be distributed from a medical savings account only for the purpose of:

(I) Reimbursing the eligible medical expenses of the account holder or his or her spouse or dependent child;

(II) Cashing out the balance in the account of a deceased account holder; or

(III)

(A) Cashing out an account holder's prior years' balance.

(B) An account holder may withdraw the balance in his or her account for any reason if such withdrawal occurs after the end of the year in which the moneys were contributed; however, such distributed moneys are subject to state income tax pursuant to subsection (6) of this section.

(4) (Deleted by amendment, L. 94, p. 2841, § 8, effective January 1, 1995.)

(5) Restrictions. An account holder may not use account moneys to fund a policy that covers the deductible for a qualified higher deductible health plan, as defined in section 39-22-504.6 (3.5).

(6) Taxation of account moneys. (a) Account moneys, including interest income, are not to be taxed as Colorado adjusted gross income if they are:

(I) In an employee's medical savings account; or

(II) Withdrawn to pay eligible medical expenses.

(b) Account moneys are to be taxed as Colorado adjusted gross income when such moneys are withdrawn for purposes other than the payment of eligible medical expenses.

(c) Upon the death of the account holder, the account principal, as well as any accumulated interest, is to be distributed to and taxed as part of the decedent's estate, as provided by law.

(7) Portability. An account holder is the owner of his or her medical savings account and may change the account administrator of such account upon leaving the employ of his or her employer.