Health Care FSA Eligible Expenses

Expenses Associated With the Following:

A

Acupuncture

Adaptive equipment (e.g. raised toilet seat)

Allergy medication

Ambulance fees

Analgesics

Antacids

Anti diarrheal

Antibiotic ointment

Antifungal foot cream

Anti-gas medication

Anti-itch cream/gel

Antiseptic

Asthma relief

B

Bandage tape

Bandages

Blood pressure monitor

Braces (knee, ankle, wrist)

Burn cream

C

Chiropractic services

Chloraseptic sprays

Cold Sore Treatment

Cold/cough medication

Contact lens solution

Contacts

Contraceptives

Co-pays and deductibles

CPAP machine

Crutches

D

Dental services (excludes veneers and other cosmetic procedures)

Diabetes testing supplies

Diabetic supplies

Diaper rash ointment

Doctor visits

Doula services (must be licensed)

Drug addiction treatment

E

Ear Wax Removal Kits

Eye drops

Eye exams

F

Fertility treatment

First aid supplies

Flu shots

H

Hearing aid supplies

Hearing aids

Hemorrhoid medication

Home medical equipment

Hormone therapy

Hypnosis

I

Individual Counseling

Ipecac syrup

L

Lab work

Lactose intolerance pills

Lamaze

Laser eye surgery

Laxative

Lice Treatment Products

M

Medical alert bracelet & current year membership fees

Mileage (to receive medical care)

Motion Sickness pills/bracelet

N

Non-cosmetic surgery

Naturopathic Visits

O

Orthodontia

Orthotics

P

Pain relievers

Physical exams

Physical therapy

Parasitic Treatment

Pregnancy test

Prenatal vitamins

Prescription drugs

Prescription glasses

Psychotherapy

R

Reading glasses

Rubbing alcohol

S

Saline Nasal Spray

Service animals

Smoking cessation products

Speech Therapy

Sterilization procedures

Stool softener

Sunscreen SPF 45 or greater (proof of SPF required)

T

Thermometer

U

Urinary Tract Infection Treatments

V

Vaccinations

W

Walker

Wart treatment

Wheelchair & repair

X

X-rays

Y

Yeast infection treatment

Acne Treatment - over-the-counter acne medications are reimbursable if primary purpose is to treat acne.  The cost of normal skin care is not reimbursable.  Medical services use to treat acne require an LMN indicating that the procedure is not cosmetic and treats a medical condition.

Air Fare - amounts paid for transportation primarily for, and essential to, medical care are reimbursable. Proof of medical visit corresponding with the travel is required.  Companion travel expenses are not eligible unless necessary due to the patient's medical condition. Transportation expense must not include a personal element e.g. travel to Hawaii for a dentist appointment and trip spans several weeks would not be eligible.

Automobile - medical expenses for special hand controls and other special equipment installed in a car for the use of persons with disabilities. The cost of operating the car is not eligible.

Birthing Classes or Lamaze - class must address specific medical issues; labor, delivery and breathing techniques, etc. The cost of the ‘mother-to-be’ is eligible; however, the costs of ‘father-to-be’ and/or a coach are not.

Braille Books and Magazines - the cost difference between a regular book or magazine and the braille books/magazines.

Breast Augmentation - medical costs related to the removal of breast implants that are defective or are causing a medical condition, or restorative procedures for cancer patients are allowable. Cosmetic procedures such as implants or injections are not reimbursable.  Anesthesia for cosmetic procedures is not reimbursable.

Breast Reduction – expenses related to the reduction surgery are reimbursable only if a healthcare professional substantiates with LMN that the procedure is necessary and not cosmetic in nature.

Capital Expenses - expenses for special equipment or improvements to a home are reimbursable if the primary purpose is medical care. For further details, see discussion under the heading "Capital expenses" below.

Chair - the cost difference between a special chair purchased alleviate a heart, back or other medical condition.  Expense requires LMN and documentation indicating cost of three comparables in order to determine the cost difference.

Christian Science Practitioner - expenses for a Christian Science Practitioner to treat a medical condition.

Deductibles - medical insurance deductibles and dental deductibles are eligible. This is not to be confused with a premium, premiums are not eligible.

Dental Services and Products - medical expenses for dental services are reimbursable. This includes fees paid to dentists for X-rays, fillings, braces, extractions, dentures, etc. Veneers, teeth whitening and other cosmetic services are not reimbursable.  Hygiene products including toothpaste, floss, mouthwash, and toothbrush/sonicare products are not reimbursable.

Elastic hosiery - hosiery used to to treat a medical condition is reimburseable.

Fertility Treatment - medical expenses related to the treatment of infertility, including in vitro fertilization are reimbursable. Storage fees for the current plan year only are reimbursable.  Storage fees for a future plan year are not reimbursable.

Founder’s Fee/Lifetime Care - Part of a life-care fee or "founder's fee" paid either monthly or as a lump sum under an agreement with a retirement home if it is allocable to medical care. The agreement must require a specified fee payment as a condition for the home's promise to provide lifetime care that includes medical care. Advance payments to a private institution for the lifetime care, treatment and training of an employee's physically or mentally impaired dependent upon the employee's death or inability to provide care are reimbursable. The payments must be a condition for the institution's future acceptance of the dependent and must not be refundable.

Guide Dogs - Or other animal used by the visually impaired or hearing impaired. Costs associated (food and veterinary expenses) with a dog or other animal trained to assist persons with other physical disabilities are also reimbursable, as are amounts paid for the care of these specially trained animals.

Hospital - expenses incurred at a hospital in-patient or out-patient for laboratory, surgical, and diagnostic services.

Human Guide - Expenses for a human guide— for example: taking a blind child to school.

In vitro fertilization - Medical expenses related to the treatment of infertility, including in vitro fertilization. Storage fees for the current plan year only are reimbursable.  Storage fees for a future plan year are not reimbursable.

Legal fees - required to receive medical care (care could not have been provided without legal assistance).  However, any part of a legal fee that is a management fee; for example, a guardianship or estate management fee is not reimbursable.

Lodging and meals - At a hospital or similar institution if the employee's primary reason for being there is to receive medical care. The cost of lodging not provided in a hospital or similar institution while an employee is away from home is reimbursable if four requirements are met: (1) the lodging is primarily for and essential to medical care; (2) medical care is provided by a doctor in a licensed hospital or in a medical care facility; (3) the lodging is not lavish or extravagant under the circumstances; and (4) there is no significant element of personal pleasure, recreation, or vacation in the travel away from home.

The reimbursable amount cannot exceed $50 for each night for each person. Lodging expenses includes companion expenses if that person must travel with the patient. For example, if a parent is traveling with a sick child, up to $100 per night may qualify as a medical expense for lodging.

Meals and lodging expenses incurred away from home for medical treatment that is not received at a medical facility are not reimbursable even if the trip is made on the advice of a doctor.

Medical records - fee associated with transferring medical records to a new practitioner.

Mileage - expenses paid for transportation primarily for an essential to the rendition of medical care are reimbursable.  The mileage rate is indexed each year for inflation. The cost of tolls and parking may also be reimbursable. Proof of office visit corresponding with the mileage required.

Naturopathic Expenses - The visits for treatment of a condition. Naturopathic medicines (dietary supplements etc.) will require a LMN to be reimbursable.

Nursing Home - The cost of medical care in a nursing home or similar facility for the employee, employee's spouse, or tax dependent is reimbursable. This includes the cost of meals and lodging in the facility if the primary reason for being there is to receive medical care. Qualified long-term care services cannot be reimbursed on a tax-excludable basis through a flexible spending arrangement on or after January 1, 1997. For this purpose, qualified long-term care expenses are defined in Code Section 7702B(c) as: necessary diagnostic, preventive, therapeutic, curing, treating, mitigating, and rehabilitative services, and maintenance or personal care services, which: (A) are required by chronically ill individual, and (B) are provided pursuant to a plan of care prescribed by a licensed health care practitioner.  Thus, under the above definition, expenses that are otherwise reimbursable medical expenses may be long-term care expenses. Code Section 7702B(c)(2) defines a "chronically ill individual" to be a person who (among other things) is "certified" by a licensed health care practitioner as being unable to perform at least two activities of daily living for a period of at least 90 days due to a loss of functional capacity.

Optometrist - Optometric services and expenses for eyeglasses and contact lenses required to treat a medical condition.  Premiums for contact lens replacement insurance are not reimbursable.

Organ transplants - Payments for surgical, hospital, laboratory and transportation expenses for a prospective or actual donor of a kidney or other organ. 

Oxygen - Amounts paid for oxygen or oxygen equipment to relieve breathing problems caused by a medical condition.

Phone - The costs of purchasing and repairing special telephone equipment that permits a hearing-impaired person to communicate over a regular telephone.

Physical Therapy - Amounts paid for physical therapy to treat a medical condition. Payments made to an individual for special exercises administered to a mentally disabled child are also reimbursable.

Psychiatric Care - expenses for psychiatric care, including the cost of a facility where the dependent receives medical care.

Sexual Counseling - expenses for counseling by a licensed medical practitioner to treat a medical condition.

Smoking cessation program - amounts paid for participation in a smoking cessation program and prescription and over-the-counter smoking cessation products are also reimbursable.

Special foods - the difference in cost between the special food the commonly available "comparable" version of the same product are reimbursable. You must provide the cost of three comparables for us to determine the cost difference.  The special foods must be prescribed and consumed primarily to alleviate or treat an illness or disease, and not for nutritional purposes.  Diet food or food related to a weight loss program are not "special foods" and are not reimbursable.  An example of a special food is gluten free food consumed by person with a gluten protein allergy.

Special home for mentally impaired - the cost of keeping a mentally disabled person in a special home (not the home of a relative) on the recommendation of a licensed medical practitioner to treat a medical condition.

Special Schools - expenses paid to a special school for a mentally impaired or physically disabled person if the primary purpose for using the school is to treat a medical condition. This includes the cost of a school that:

• Teaches Braille to a visually impaired child
• Teaches lip-reading to a hearing-impaired child
• Provides remedial language training to correct a condition caused by a birth defect
• Schools for autistic children

Meals, lodging, and ordinary education supplied by a special school is reimbursable only if the main reason for using the school is its resources for treating the mental or physical disability. The cost of sending a child without a specific medical condition to a special school to benefit from the course of study and disciplinary methods is not reimbursable.

Sterilization - legal sterilization includes vasectomy and reverse vasectomy.

Transportation - expenses for transportation primarily for and essential to medical care are reimbursable.  This includes bus, taxi, train or plane fare, ambulance service, parking fees, tolls and expenses of a parent who must accompany a child who needs medical care.

Capital Expenses

Improvements or special equipment installed in the home may qualify if their main purpose is medical care. LMN required.  The amount reimbursable is reduced by any increase in the value of the property. If the value of the property is not increased by the improvement, the entire cost of the improvement may be reimbursable. Improvements made to accommodate a residence for a person's disability do not usually increase the value of the residence, and the full cost is usually reimbursable. These improvements include, but are not limited to:

• Constructing entrance or exit ramps
• Widening doorways at entrances or exits
• Widening or otherwise modifying hallways and interior doorways
• Installing railing, support bars or other modifications to bathrooms
• Lowering or making other modifications to kitchen cabinets and equipment
• Moving or otherwise modifying electrical outlets and fixtures
• Installing porch lifts and other forms of lifts (but generally not elevators)
• Modifying fire alarms, smoke detectors and other warning systems; modifying stairways
• Adding handrails or grab bars
• Modifying hardware on doors
• Modifying areas in front entrance and exit doorways
• Re-grading the ground to provide access to the residence

Only reasonable costs to accommodate a personal residence to a disabled condition are considered medical care. Additional costs for personal motives, such as for architectural or aesthetic reasons, are not reimbursable.

Capital Expense Worksheet

The following worksheet may be used to figure the amount of a reimbursable capital expense.

• Enter the cost of the improvement. $__________ .
• Enter the increase in the value of the home. $__________ .
  If line 2 is equal to or greater than line 1, the amount is not reimbursable. If line 2 is less than line 1, go on to line 3.
• Subtract line 2 from line 1. This is the deductible medical expense.

Although a capital expense may be reimbursable under Section 213, it is not certain to what extent such an expense may be reimbursable under a health FSA. Rules prohibit as a benefit "deferred compensation." For this purpose, deferred compensation means the use of contributions "from one year to purchase a benefit that will be provided in a subsequent year." Since a capital expenditure by its nature has value over more than one year, reimbursement of such an expense might be considered deferred compensation. The IRS has not provided specific guidance on this point.

Accordingly, the expense may be reimbursed in one of the three following ways: (1) not reimburse the expenditure at all (most conservative); (2) prorate the reimbursement over the useable life of the asset (a middle-ground approach); and (3) reimburse the entire expenditure in the year in which it is acquired (most aggressive).

Operation and Maintenance

If a capital expense qualifies as a reimbursable medical expense, then expenses related to operation and maintenance also qualify as medical expenses, as long as the medical reason for the capital expense still exists. This is so even if none or only part of the original capital expense qualified as a medical care expense.

Improvements to Property Rented By a Person with Disabilities

Improvements to rental property to treat a medical condition are reimbursable if the amount was not reimbursed by the landlord or any other source.