If a HDHP has a high deductible that does not meet the 60% required benefit level, but the employer contributes 50% of that deductible to the employee's HSA which in essense lowers that deductible by 50% and that lower deductible would meet the 60% requirement does the plan now meet the 60% requirement? If a small group has a $3,500 deductible HDHP and contributes 50% of deduct to HSA can the plan qualify as a smaller than $2,000 deductible?

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Employer contributions to an HSA are taken into account in determining minimum value. There is a minimum value calculator available online to help employers determine whether they meet the 60 percent threshold.

For a plan year beginning in calendar year 2014, the annual deductible for a health plan in the small group market may not exceed $2,000 for self-only coverage or $4,000 for coverage other than self-only. A health plan’s annual deductible may exceed the applicable deductible limit if that plan may not reasonably reach the actuarial value of a given level of coverage without exceeding the annual deductible limit. A tool is available online to help employers determine actuarial value.