In order to have an HSA, you must be covered under a HSA-compatible High-Deductible Health Plan (HDHP). Not all HDHPs are HSA-compatible, so check with your insurance provider to ensure it meets all requirements.
In addition to having an HDHP, you must also meet the following requirements.
You and your spouse (if applicable) generally cannot have additional health coverage that is not an HDHP. An individual who is covered by a qualified HDHP may, however, qualify for an HSA even if his/her spouse is covered by a non-HDHP plan1. Accident, disability, dental, vision and long-term care insurances do not affect your ability to qualify for an HSA.
1Consult a tax advisor.
2You can withdraw funds at any time for any purpose. However, if funds are withdrawn for reasons other than qualified medical expenses, the amount withdrawn will be included as taxable income, and is subject to a 10% penalty. Closure of the account does yield a $30 closure fee.