{"bills":[{"photos":{"featured":"https://assets.causes.com/bill/photo/hr1270-114/featured_restoring-access-to-medication-and-improving-health-savings-act-of-2016-1468366675.jpg","featured_large":"https://assets.causes.com/bill/photo/hr1270-114/featured_large_restoring-access-to-medication-and-improving-health-savings-act-of-2016-1468366675.jpg","shareable":"https://n.causes.com/share-images/bills/hr1270-114.png"},"introduced_on":"2015-03-04","title_override":"Using Health Savings Accounts to Purchase Over the Counter Drugs","summary_override":"

The Restoring Access to Medication Act would repeal amendments made by the Affordable Care Act which prevent patients from using their Health Savings Accounts (HSA) or Flexible Spending Accounts to purchase over-the-counter drugs.

A Health Savings Account (HSA) is a special medical savings account that allows the holder to make tax-free contributions and withdrawals for certain medical expenses. HSAs must be paired with specific types of health insurance plans, and can be used for out-of-pocket medical, dental, and vision expenses.

Traditionally, patients were able to use money in their HSAs to purchase over-the-counter drugs and medication like allergy medicine, aspirin, and vitamins.

Under the Affordable Care Act, non-prescribed medicines or drugs are no longer considered qualifying medical expenses for tax-preferred purchase with an HSA. Patients can still use their HSAs to purchase prescription drugs; insulin; over-the-counter medical supplies like reading glasses, bandages, and crutches; and over-the-counter medications if they obtain a prescription.

People who use incorrectly use an HSA to purchase non-eligible items are subject to a 20 percent tax penalty.","official_title":"To amend the Internal Revenue Code of 1986 to repeal the amendments made by the Patient Protection and Affordable Care Act which disqualify expenses for over-the-counter drugs under health savings accounts and health flexible spending arrangements.","short_title":"Restoring Access to Medication and Improving Health Savings Act of 2016","popular_title":null,"short_summary":"Restoring Access to Medication Act of 2015\n\n(Sec. 2) This bill repeals provisions of the Internal Revenue Code, added by the Patient Protection and Affordable Care Act, that limit payments for medications from health savings accounts, medical savings accounts, and health flexible spending arrangements to only prescription drugs or insulin (thus allowing distributions from such accounts for over-the-counter drugs).\n\nThis repeal applies to drug expenses incurred after December 31, 2015.","summarized":true,"cost":null,"cost_commentary":"A CBO cost estimate is unavailable.","impact":"People with HSAs or Flexible Spending Accounts; pharmacies; health insurance companies; and the IRS.","argument_for":"People who contribute to Health Savings Accounts should be able to access that money to purchase the medication they need — including over-the-counter drugs. Requiring a prescription to purchase over-the-counter drugs with an HSA is burdensome and unfair.","argument_against":"Patients with HSAs should only be able to avoid taxes when purchasing medically necessary drugs. If someone needs an over-the-counter drug, he or she can get a prescription. 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Just because they have become OTC does not mean that they are any less important. Additionally, since they are now OTC insurance no longer covers them and they cost more out of pocket. ","argument_against":null,"show_argument_for":true,"show_argument_against":false,"upvote_count":1,"upvotes_for_count":1,"upvotes_against_count":null,"has_upvoted":false,"endorsement_count":1,"links":{"self":"https://www.causes.com/positions/e0ce843b-0552-4905-bea1-08f429488630"},"body":"Many of the OTC medications that my family takes were once prescription medications. Just because they have become OTC does not mean that they are any less important. Additionally, since they are now OTC insurance no longer covers them and they cost more out of pocket. 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Using Health Savings Accounts to Purchase Over the Counter Drugs