For tax year 2025, after the OBBB changes, does a Marketplace Bronze plan qualify for an HSA 2025?

This is question is from my Husband. For tax year 2025, after the One Big Beautiful Bill changed, does a Marketplace Bronze plan that (a) has an out-of-pocket maximum of $9,200 (above the $8,300 HDHP limit) and (b) charges fixed copays for in-person primary care, specialist visits, and generic drugs before the deductible is met still qualify as a high-deductible health plan under IRC §223 so that HSA contributions are allowed?

My spouse has this plan, and he is an SCorp. The SCorp pays the plan and will contribute the max HSA if he’s eligible in 2025. In 2026, he’ll be retiring, and I’ll have him on my Health plan, which will be an HSA. I have my own S Corp. ChatGPT said this plan is eligible. Grok said it’s not.

I called the IRS; unfortunately, I was on hold for 45 minutes, and no one has ever answered. I listened to your videos often, and I’ve learned so much about tax savings for SCorps and personal tax savings. I thought you could help me with this question. Screenshot 2025-11-24 at 2.56.17 PM.png

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Answered your question in today’s recording…1/14/26. Please look for it in the next few days. Thank you!! Mat