H. Rept. 116-675: Restoring Access to Medication Act of 2019, Report to Accompany H.R. 1922, Including Cost Estimate of the Congressional Budget Office, December 18, 2020 [open pdf - 395KB]
From the Document: "Health flexible spending accounts (FSAs), health reimbursement accounts (HRAs), medical savings accounts (MSAs), and health savings accounts (HSAs) are different tax preferred ways of saving for limited out-of-pocket health care expenses. While all have tax preferred savings, the plans differ with regard to a number of features including eligibility requirements, who can contribute to them and how the funds can be used. The Affordable Care Act (ACA) included a provision to use of these types of accounts for very limited over-the-counter items without a prescription. The statute is also silent on how to treat menstrual care products regarding the inclusion or exclusion of these products from tax preferred accounts. Every dollar spent on over-the-counter medication in the United States saves the health care system seven dollars, highlighting a need to allow consumers to utilize these medications through tax preferred accounts. Menstrual care items, such as pads, tampons, cups, and liners, are necessary purchases for the vast majority of women. In the United States, menstrual care products are a $2 billion industry. [...] Regardless of income, women spend a significant amount of money purchasing menstrual hygiene products each year. The tax treatment of menstrual care products is an issue with 35 states taxing menstrual products as non-essential rather than medically necessary products. H.R. 1922 address both the need for increased flexibility in utilizing tax-free dollars for preventative over-the-counter medications and menstrual care products to help Americans live healthier lives while decreasing direct costs."
H. Rept. 116-675; House Report 116-675
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