Benefits and Compensation

House to Vote on Bill to Repeal OTC Rules

Legislation that would repeal health reform rules limiting the reimbursement of over-the-counter medications is inching closer to passage. On June 5, the Restoring Access to Medication Act (H.R. 5842) was placed on the House calendar, so the full House will soon vote on the measure. The Ways and Means Committee on May 31 ordered the bill reported to the House.

The measure would repeal the Patient Protection and Affordable Care Act provisions stating that OTC medications must be prescribed by a physician in order for OTC drug purchases to be reimbursed through health flexible spending accounts, health savings accounts and health reimbursement arrangements. This stipulation does not apply, however, to insulin, bandages, crutches and diagnostic devices.

The current rules regarding covering the cost of OTC medications became effective Jan. 1, 2011. H.R. 5842 calls for the rules to apply to expenses incurred after Dec. 31, 2012. Rep. Lynn Jenkins, R.-Kans., introduced the bill on May 18.

Additional information on OTC medications and how health FSAs, HSAs and HRAs can be used to cover the cost of purchasing them is available in Thompson Publishing Group’s Flex Plan Handbook.

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