White Paper

5 Pages
  • 5 Pages

Roles and Responsibilities for HSA Custodians


Gain a better understanding of the custodians role in employer enrollment and contribution agreements.

Unlike retail HSAs, working with employers requires that HSA custodians enter into written agreements with employers to ensure receipt by the custodian of timely and accurate data, fees, and employer contributions. This white paper reviews what a typical agreement will include and discusses practical considerations for custodial agreements and required disclosures.



Mark J. Kinney

Mark J. Kinney

Kinney & Larson LLP

  • Employee benefits attorney with 25 years of experience designing products and services for the health care industry
  • Worked with a large national bank to bring the first HSAs to market and represents some of the largest SHA custodians in the country
  • Drafted and negotiated nearly every contract commonly used by HSA custodians, third party administrators, investment advisors, and online platform providers
  • Interpreted and applied the large and growing body of regulatory guidance on HSAs to a wide range of issues, but with a focus on product development in the HSA industry
  • Advises venture-funded health care startups, third party administrators of self-funded group health plans, and vendors of wellness programs, cafeteria plans, and COBRA services
  • Represents a health care consortium of over 400 cities, counties and school districts
  • J.D. degree, William Mitchell College of Law; M.B.A. degree, Claremont Graduate School; Double major in economics and english, St. John’s University
  • Can be contacted at [email protected]

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