Health Care Savings Account Act of 1985

Health Care Savings Account Act of 1985 - Amends the Internal Revenue Code to permit individuals (employees or self-employed individuals) and employers to contribute to health care savings accounts. Limits the amount which may be contributed to a health care savings account each year to no greater than the combined amount of employee and employer hospital insurance (Medicare) payroll tax paid during that year. Provides that the employee or self-employed individual and the employer will each receive a 60 percent tax credit for their respective portion of their hospital insurance payroll tax paid.

Provides that a health care savings account shall be exempt from income taxes, except for the tax on certain unrelated business income, and except where such account: (1) engages in prohibited transactions; or (2) is used to pledge as security for a loan. Excludes from gross income of the distributee amounts distributed from a health care savings account provided that these funds are used for eligible medical expenses while the individual is eligible for Medicare. Permits the tax-free rollover of contributions from one health care savings account to another for the benefit of the distributee.

Imposes a penalty of ten percent of the amount of any early distributions from a health care savings account. Provides that no amount distributed out of a health care savings account may be taken as a medical expense deduction. Imposes a tax on any excess contributions to such accounts.

Imposes a penalty tax on prohibited transactions involving a health care savings account.

Imposes a five percent tax on distributions from a health care savings account in the taxable year which reduces the level of all such accounts with respect to the distributee below the total value of health care savings account tax credits for the distributee. Provides exceptions for certain distributions. Imposes a 100 percent tax on such distributions if the distributions are not corrected within the taxable period.

Imposes a 50 percent excise tax on the difference between the value of a decedent's health care savings accounts at the time of death and the amount contributed into the spouse's health care savings account at the time of, and on account of, such death. Establishes certain penalties for failure to file required reports with respect to health care savings accounts.

Amends title XVIII (Medicare) of the Social Security Act to provide that in the case of an individual who has established a health care savings account, the total amount of any Medicare benefits which will be paid with respect to the individual will be reduced by a health care savings account-related deductible for the year. Provides that this deductible amount will be equal to 60 percent of the amount of medical-related expenditures that could be reasonably underwritten (by an insurance company) for the average Medicare beneficiary assuming that the annual premium will equal the health care savings account annuity.

Provides special rules for individuals who cannot obtain insurance to cover their added deductible at the standard premium rates. Provides that these high cost insurance beneficiaries' added deductible is reduced by a proportion reflecting 80 percent of the excess premium required above the standard rate, except that the deductible may not drop below 120 percent of the individual's health care savings account annuity amount.

Provides that the health care savings account-related deductible and the annuity amount shall be recalculated upon the qualification of a younger spouse for Medicare.

Establishes catastrophic health care expense protection for certain individuals qualifying for Medicare protection. Requires such individuals to have contributed at least one-third of the maximum amount possible over the course of their careers into a health care savings account and at least $100 (indexed for inflation) or 50 percent of the maximum contribution per year, whichever is greater, in ten individual years. Treats surviving spouses without a separate health care savings account as eligible for the catastrophic coverage if the deceased spouse was formerly eligible for catastrophic coverage and the surviving spouse rolls 100 percent of the health care savings account of the deceased spouse into a health care savings account.