Employee Benefits Compliance

Bill Introduced to Repeal $2,500 Cap on FSAs and to Allow Reimbursement for Over-the-Counter Drugs from Health FSAs and HSAs

Bills were introduced in the House and Senate on February 10th to repeal two provisions in the Health Care Reform law:

  1. the $2500 cap on Health Flexible Spending Accounts (HFSA) contributions, and
  2. the prohibition on reimbursement for non-prescription drugs under Health FSAs, H.S.A.s and Archer MSAs.

The bill, entitled The Patients’ Freedom to Choose Act, was introduced in the Senate as S 312 by Sen. Kay Bailey Hutchison (R-Texas), and in the House of Representatives as HR 605 by Rep. Erik Paulsen (R- Minnesota).

The $2,500 cap on FSA contributions is scheduled to go into effect in 2013, under the federal Health Care Reform law (Patient Protection and Affordable Care Act, or PPACA). The prohibition on reimbursement for non-prescription drugs already became effective as of January 1, 2011. This provision prohibits FSAs, HSAs and Archer MSAs from reimbursing participants for over-the-counter drugs unless they were purchased under a doctor’s prescription. The proposed bills would repeal this provision as if it had never been enacted.

For a copy of Senate Bill 312, click here: http://thomas.loc.gov/cgi-bin/query/C?c112:./temp/~c1127sMnSE
For a copy of House Bill HR 605, click here: http://thomas.loc.gov/cgi-bin/query/C?c112:./temp/~c11204kW76
(The Bill is only only one page long.)