In the 84th Legislature, Rep. Greg Bonnen introduced HB 1945 that subsequently was signed by the governor in 2015. This act delineates what direct primary care is and explicitly asserts that it is not a plan.
However, the IRS has continually interpreted direct primary care to be a health care plan. This is an important detail because only individuals who have a qualifying high-deductible health plan can have an HSA. The presence of a second plan would invalidate the eligibility, and the HSA benefit could not be used.
HCR 90 urges Congress to allow health savings accounts (HSAs) to be used for direct primary care.