According to the IRS, irs.gov/publications/p969/ar02.html, you (and your spouse, if you have family coverage) generally cannot have any other health coverage that is not a Consumer-driven health plan. However, you can still be an eligible individual even if your spouse has non-CDHP coverage provided you are not covered by that plan.
You can have additional insurance that provides benefits only for the following items:
- Liabilities incurred under workers' compensation laws, tort liabilities or liabilities related to ownership or use of property
- A specific disease or illness
- A fixed amount per day (or other period) of hospitalization
You can also have coverage (whether provided through insurance or otherwise) for the following items:
- Accidents
- Disability
- Dental care
- Vision care
- Long-term care
To participate in the tax advantaged HSA, you cannot have additional coverages not listed above, and the coverages listed above cannot include payment for or reimbursement of your copays or deductible (this feature is often referred to as “gap” coverage).