Can a health spending account (HSA) (under which an employer agrees to reimburse its employees’ hospital and medical expenses incurred during the year up to a pre-determined limit) established for a single shareholder/employee (and family members) qualify as a private health services plan (PHSP)? CRA responded:
[F]or a plan to be a PHSP … the plan must be a plan of insurance.
In a situation where a corporation provides a self-insured HSA for its only employee who is also its sole shareholder (sole employee-shareholder) and family members … [e]ffectively, the sole employee-shareholder is paying for the personal hospital and medical expenses for themselves and their family members through their solely owned corporation without any risks being assumed by the corporation.
Therefore, it … would likely not constitute a plan in the nature of insurance and consequently, would not qualify as a PHSP.