For physicians, dentists & practice owners

401(h) plans for medical practices.

A plain-English guide for physician-owned practices, dental groups, and the CPAs and advisors who serve them — how a 401(h) sub-account works alongside a defined benefit or cash balance plan, who it fits, and the rules that govern it.

Why 401(h) plans come up for medical practices

Medical and dental practices are one of the most common contexts in which a 401(h) plan is evaluated, and the reason is structural: the prerequisite for a 401(h) sub-account is a qualified pension or annuity plan, and physician-owned practices are disproportionately likely to already sponsor one.

Defined benefit and cash balance plans are widely used inside profitable medical groups because they allow contribution levels well above what a 401(k) alone permits. That same qualified-plan chassis is exactly what §401(h) of the Internal Revenue Code requires as a host. Adding compliant 401(h) language to the plan document creates a separate sub-account that may be used to pay qualified retiree medical benefits for participants and their dependents.

For high-income physicians who plan to retire before Medicare eligibility, the gap between retirement and 65 is a known and significant healthcare-cost exposure. A 401(h) is one of several tools that can help formalize and pre-fund a portion of that exposure inside an existing qualified plan.

Where the fit tends to be strongest

Qualified pension already in place

Practices already sponsoring a defined benefit or cash balance plan have the host vehicle a 401(h) sub-account requires.

Stable, predictable collections

Actuarially funded retiree medical contributions are ongoing. Established practices with steady revenue are best positioned to sustain them.

Small, long-tenured clinical team

Smaller practices with a stable employee group tend to clear nondiscrimination and incidental-benefit testing more cleanly.

Long pre-Medicare retiree gap

Physicians who plan to retire before 65 often face a meaningful retiree healthcare runway — a recognized planning gap a 401(h) can help formalize.

How a 401(h) sits alongside a DB or cash balance plan

In a typical physician-owned structure, the practice sponsors a defined benefit or cash balance plan to drive accelerated, deductible retirement contributions for the owners and a smaller required contribution for staff. The plan document is amended to include §401(h) language, which establishes a separate accounting sub-account inside the same qualified plan.

Each year, a portion of the contributions can be allocated to the 401(h) sub-account to fund future retiree medical benefits — subject to the incidental-benefit limit, which generally caps aggregate 401(h) contributions at no more than roughly 25% of total plan contributions (excluding contributions for past service credits). The retirement-benefit side of the plan must remain the dominant purpose.

At retirement, qualified medical expenses for the participant and their dependents — premiums, deductibles, copays, and other §213(d) expenses — may be paid from the 401(h) sub-account, subject to the plan terms.

401(h) vs HSA vs 401(k) — at a glance

401(h)HSA401(k)
Primary purposeRetiree medical benefits inside a qualified pension planIndividual current/future qualified medical expensesIndividual retirement savings (deferred income)
Who owns itThe employer planThe individualThe individual
Requires a host pension planYes — DB or cash balance is typicalNoNo
Typical practice useFormalize and pre-fund retiree medical alongside DB/CBPair with HDHP for current tax-advantaged medical savingsCore deferral vehicle for owners and staff

Rules a medical practice has to take seriously

  • Incidental-benefit limit. Aggregate contributions to the 401(h) sub-account generally cannot exceed approximately 25% of total contributions to the host pension plan.
  • Key-employee separate accounting. Physician and dentist owners are typically key employees, which triggers separate-accounting requirements for their 401(h) benefits.
  • Plan-document language. The host plan must specifically authorize the §401(h) sub-account; a generic DB or cash balance document is not enough.
  • Nondiscrimination & coverage. Like the rest of the qualified plan, the 401(h) is subject to coverage and nondiscrimination testing that includes non-owner staff.
  • Ongoing administration. Annual actuarial valuation, Form 5500 reporting, and coordinated review by an enrolled actuary, ERISA counsel, the CPA, and a TPA are required.

A 401(h) is a plan-design decision, not a product purchase.

A practice cannot “open a 401(h)” the way it can open an HSA. It only exists as a sub-account of a properly drafted qualified pension or annuity plan. Every implementation belongs in front of an enrolled actuary, ERISA counsel, and your CPA before anything is signed.

Common questions from medical practice owners

A 401(h) is not a standalone account. It's a separate sub-account inside a qualified pension or annuity plan — most often a defined benefit or cash balance plan — that funds retiree medical benefits for plan participants and their dependents. For medical and dental practices that already sponsor a DB or cash balance plan, adding §401(h) language can create a structured, tax-advantaged vehicle for retiree healthcare funding.

Related reading

Availability, tax treatment, and plan design depend on the facts and circumstances of the employer, plan document, participant group, and applicable law. 401h.com provides general educational information only — not tax, legal, actuarial, investment, or ERISA advice. Consult qualified tax, legal, actuarial, and plan professionals.

Next step

Talk through whether a 401(h) fits your practice.

We're educational, not advisors — but we can point you toward the right professionals to evaluate a 401(h) inside your existing or planned defined benefit or cash balance structure.

Next step

Find out whether a 401(h) strategy may fit

Talk with a 401(h) specialist about your plan, participant group, and retiree medical objectives.

Availability, tax treatment, and plan design depend on the facts and circumstances of the employer, plan document, participant group, and applicable law. 401h.com provides general educational information only — not tax, legal, actuarial, investment, or ERISA advice. Consult qualified tax, legal, actuarial, and plan professionals.