My operations department is having a disagreement with our legal cousel and want me to post this question.
When we receive a garnishment or a state levy, are we allowed to take money from that customer's HSA? The lawyers say take everything, but can't cite any law or regulation that allows that. The Ops department says that we shouldn't take it because of all the tax issues it could create. Can anyone provide a cite in state law that allows or doesn't allow us to take funds from an HSA to satisfy a garnishment or state levy? Any help would be appreciated.
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All opinions are my own, not my employer's