Legislation has been introduced in the Senate (S-2601) to allow participants in health savings accounts to create or continue such accounts after turning age 65. The legislation would also eliminate the late enrollment penalty imposed by Medicare for those who do not join Medicate on turning age 65, by allowing enrollment at up to age 70 without penalty for those who can show they used an HSA in lieu of Medicare between ages 65-70. Under current policy, when individuals join Medicare, they lose their ability to make further tax-free contributions to an HSA. HSAs are available in the FEHB program, although enrollees 65 and older currently must switch to health reimbursement arrangements, which do not offer the tax advantages of HSAs.