PLEASE PRINT CONTRACT AND MAIL TO HOME OFFICE
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HEALTH SAVINGS ACCOUNTS ADMINISTRATOR OF UTAH, INC. |
The Depositor whose name appears on the M.S.A./H.S.A. application is establishing a Health Savings Account under section 223(d) to provide for their uninsured medical expenses. Medical withdrawals for any medical expense qualifying under Section 213(d) of the Internal Revenue Code may be paid. Account Holder: |
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___________________________________________________________________________________________ Name |
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___________________________________________________________________________________________ Address |
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___________________________________________________________________________________________ City County State Zip Code |
This Health Savings Account Agreement ("Agreement") is entered into by and between Health Savings Account Administrator of Utah, Inc. ("Administrator") and Account Holder. Account Holder hereby agrees to open and maintain a Medical Care Savings Account ("Account") and the Administrator agrees to administer such Account Holder in compliance with the health insurance Portability and Accountability Act of 1996 I.R.S. Bill H.R. 3101 et seq. (the "Act") and under the following term and conditions: |
| I. The Account Holder: |
| A. Agrees to take such necessary steps and execute such documents as |
| Administrator deems necessary to open a Health Savings Account |
| B. (The Account) with Utah depository institution of the Administrator's |
| choice and grant Administrator full authority to make such deposits and |
| withdrawals as required under this agreement. |
| C. Agrees to
pay to Administrator contributions into the Account as follows: _______________________________________________________________________ _______________________________________________________________________ |
| Account Holder may make additional payments to Administrator for deposit |
| in the account at any time. |
| Agree to pay administrator a fee for performing the administration |
| services under this agreement of 10.00 per month. |
| D. Agrees that the Administrator may collect the administration fee from the |
| Account on a periodic basis as determined by the Administrator. |
| E. Agrees to request in writing the payments to be made by Administrator from |
| the Account for Account Holder's Eligible Medical Expenses ( as defined in |
| to Act ) on such forms and with such supporting information as |
| Administrator shall request to verify the eligibility of the requested payments. |
| F. Authorizes Administrator to reimburse Account Holder or service provider |
| directly for eligible medical expenses incurred. |
| G. Agrees Administrator shall not be responsible in any way for failure to make |
| payments requested by Account holder due to insufficient funds in the |
| Account. |
| H. Has read and fully understands the Summary of Health Savings |
| Account attached hereto and incorporated herein as Exhibit A, including |
| specifically the terms and conditions under which amounts contributed to the |
| Account may be deductible from the Health Savings Account Holder's income for I.R.S. |
| income tax purposes and that withdrawals from the Account may be |
| subject to taxation and/or withdrawals penalties. |
| I. Is required to pay the I.R.S. directly for any penalties levied under the act. |
| J. Has had the opportunity to consult with a tax advisor regarding the tax |
| effects of using Health Savings Account and has not relied on |
| Administrator for legal advise. |
| K. Agrees Administrator shall in no way be liable to Account Holder for any |
| cost, loss or expense suffered by Account Holder in connection with a |
| determination by Administrator or ( or an I.R.S. tax authority ), that medical |
| expenses Account Holder requests for payment from the Account do not |
| qualify as Eligible medical Expenses as defined in the Act. |
| II. ADMINISTRATOR: |
| A. Agrees to administer Account Holder's Account in accordance with the act |
| and the rules and regulation promulgated there under |
| B. Agrees to provide the Account Holder with a statement documenting each |
| payment requested by Account Holder and the Account balance after each |
| payment and fee withdrawal made by Administrator. |
| III Termination: |
| A. Administrator may terminate this agreement by giving thirty (30) days |
| written notice of termination to Account Holder. With thirty (30) days |
| following notice of termination by Administrator, Account holder shall either |
| (i) instruct Administrator to close the Account and distribute to Account |
| Holder funds remaining in account on the dated the Account is closed less |
| administrative fees due Administrator and withdrawal penalties required |
| under the Act; or (ii.), designate in writing to Administrator a new |
| Administrator for the Account. Upon designation of new Administrator by |
| Account Holder, Administrator shall transfer the Account to such new |
| Administrator within ten (10) days of such designation. If Account Holder |
| fails to elect either option (i.) or (ii.) above within the above thirty (30) day |
| period, or the new Administrator designated by Account Holder fails to accept |
| the transferred Account within ten (10) days of such designation, |
| B. Administrator may at it's discretion close the account and distribute to |
| Account Holder funds remaining in the Account on the date the Account is |
| closed less any administrative fees due Administrator and any withdrawal |
| penalties required under the Act. In the event Administrator terminates this |
| Agreement pursuant to this paragraph, Administrator shall not be liable in |
| any way to Account Holder for any penalties or taxes incurred by closing or |
| transfer of the account. |
| C. Account Holder may terminate this agreement at any time upon written |
| notice to Administrator instructing Administrator to close the Account or |
| transfer the Account to a new Administrator. If account holder fails to |
| designate a new Administrator or a new Administrator fails to accept the |
| transferred Account within (10) days of such designation, Administrator |
| may (at its discretion ) close the Account and distribute to Account Holder the |
| funds remaining in the account less any administrative fees due Administrator |
| and any withdrawal penalties required under the Act. In the event Account |
| Holder terminates this Agreement pursuant to this paragraph, Administrator |
| shall not be liable in any way to Account holder for any penalties or taxes |
| incurred by closing or transfer of the Account. |
| IV. MISCELLANEOUS |
| This agreement shall be governed by the laws of the I.R,S. and the State of Utah. |
| This Agreement shall be binding upon the parties hereto and inure to the benefit of |
| the parties, their respective successors and assignees. This Agreement sets forth |
| the entire Agreement of the parties, covering all matters agreed upon or understood |
| in the transaction contemplated hereby. If any part of this agreement is deemed to |
| be unenforceable, the balance of the Agreement shall remain in full force and effect. |
| The Waiver by either party of a breach of any provision of this Agreement shall not |
| operate as or be construed to be a waiver of any subsequent breach thereof. No |
| amendment to this Agreement may be made except in writing signed by al parties. |
| Any dispute arising between the parties under this Agreement shall be settled by |
| arbitration in accordance within the rules of the American Arbitration Association. |
| The parties agree that a party defaulting in any way hereunder shall be obligated to |
| enforce its rights hereunder, including reasonable attorneys' fees whether such |
| enforcement is by arbitration, suit, or otherwise. This agreement shall become |
| effective only upon acceptance by Administrator. |
| ADMINISTRATOR: |
| HSA ADMINISTRATORS ACCOUNT HOLDER: |
| OF UTAH INC. _________________________________ |
| BY___________________________ SOC. SEC # _________________ |
ITS__________________________ DATE: / / 20 |
| HAS ACCOUNT HOLDER HAD HEALTH INSURANCE IN THE LAST SIX (6) |
| MONTHS? [ ] YES [ ] NO |
| ALL ACCOUNT HOLDER INFORMATION WILL BE HELD ON A NEED TO KNOW BASIS WITH THE FOLLOWING PASS WORD OR NUMBER |
| REQUIRED_____________________________________________. |