Open enrollment season starts in a few weeks, and for the first time, your Direct Primary Care (DPC) membership can be paid with a patient’s HSA dollars. Since January 1, 2026, the One Big Beautiful Bill Act has allowed people with a high-deductible health plan to contribute to an HSA while enrolled in a qualifying DPC arrangement, and to use HSA funds to pay the monthly fee. IRS Notice 2026-05 supplied the guidance. If your practice has not rewritten its marketing around this, you are leaving a very good conversation on the table.

What the Rule Actually Says

Before this change, a DPC membership generally made a patient ineligible to contribute to an HSA. That was a quiet barrier for years, and many practice owners never knew how many prospects walked away because of it.

Now the rules are clear. A qualifying DPC arrangement can cost no more than $150 per month for an individual, or $300 per month for more than one person in the arrangement. Those limits will be adjusted for inflation after 2026. The arrangement is also limited to primary care services. It cannot include procedures that require general anesthesia, prescription drugs other than vaccines, or lab services not typically performed in an ambulatory primary care setting.

Two details matter most for you. First, the fee cap is a hard line. Second, the patient must be covered by an HDHP to contribute to an HSA at all. Your marketing should respect both.

Why This Matters to Concierge and DPC Practices

I prefer the term concierge medicine, because it describes what patients actually receive: more time, more focus, and better outcomes. But this rule is specific to DPC, so let me be specific too.

If your membership fee sits at or below the cap, you now have a payment story that families understand immediately. Picture a prospect who reads your site at 9 pm during open enrollment. She is comparing HDHP options and already has an HSA balance. If your site tells her plainly that her HSA can pay for your membership, she has a reason to call you before she picks a plan. If your site says nothing, she assumes it does not apply and keeps scrolling.

Employers are the second audience. A benefits manager choosing plans this fall wants to know what pairs well with an HDHP. A one-page explanation of how your membership works alongside an HSA turns you from a vendor into a resource.

If your fee is above the cap, I strongly encourage you to understand why before you advertise anything. Practices with higher-priced concierge models are not covered by this rule, and implying otherwise creates real exposure. The FTC prohibits unsubstantiated and misleading claims in health advertising, and a statement like “HSA eligible” on a membership that does not qualify could trigger an FTC enforcement action. Accuracy here is a strategic asset, and it protects your reputation and your license.

What to Do Before Open Enrollment

Here is the practical sequence I would follow this month.

1. Confirm your eligibility. Compare your monthly fee and your service list against the cap and the service limits above. Have your CPA or healthcare attorney confirm in writing. This is a one-hour conversation that saves a lot of stress later.
2. Add an HSA page to your website. Use plain language: what the rule allows, what your fee is, and what your membership includes. Add a short FAQ that answers whether a patient needs an HDHP (yes) and whether a patient should check with a tax advisor about their own situation (yes).
3. Build a lead magnet. A simple download, such as “How to Pair Your HSA with a DPC Membership,” gives open-enrollment shoppers something useful and gives you an email address to nurture.
4. Update your Google Business Profile. Add a short post and a services entry that mention HSA-compatible membership, but only if you qualify.
5. Reach out to local employers. Offer a 15-minute explanation for benefits managers and brokers. Bring the one-pager.
6. Check your tracking setup. While you are adding pages and forms, make sure no ad pixel or analytics tool is sending patient information to third parties. Recent settlements over website tracking technology, including the roughly $12.2 million Advocate Aurora Health class action resolution and the FTC’s $1.5 million GoodRx penalty, show how expensive that mistake can be.

A Word on Tone

Do not oversell. Patients with HSAs are careful with their money, and they respect a practice that says exactly what applies and what does not. State the rule, state your fee, and invite questions. That honesty is its own marketing.

Looking Ahead

Whether your practice is newly established or deeply rooted in the community, this rule gives DPC owners a fresh, legitimate reason for families and employers to look at membership care. The practices that explain it clearly this fall will be the ones people remember when the plan year begins, and that trust compounds for years.

Key Takeaways:

• Since January 1, 2026, qualifying DPC memberships can be paid with HSA funds, and patients in them can still contribute to an HSA.
• The fee cap is $150 per month for an individual or $300 for more than one person, adjusted for inflation after 2026.
• Confirm your eligibility with a CPA or attorney before you advertise HSA compatibility.
• Build an HSA page, a lead magnet, and an employer one-pager before open enrollment.
• Audit your website tracking tools for patient data leaks while you are at it.

If you would like a free, no-obligation review of how your website explains membership pricing and payment options, the team at Concierge Medical Marketing is ready to help.

Want help making sure your website and marketing are ready before open enrollment? Schedule a free strategy call.