This bill lets people use tax-advantaged health accounts to buy basic OTC oral-care products, improving affordability and clarifying coverage rules, while creating modest revenue impacts, administrative burdens, and the risk of disputes over which products qualify.
People who use HSAs, FSAs, HRAs, or Archer MSAs (including low- and middle-income families and other taxpayers) can buy qualifying OTC oral-care items (toothbrushes, water flossers, certain anticaries/antigingivitis topicals) with pre-tax/reimbursable funds, lowering their direct out-of-pocket spending.
Reducing cost barriers to basic oral hygiene products is likely to improve routine oral care and prevention, which can lower downstream dental problems and health complications for people who previously avoided these purchases due to cost.
The bill clarifies IRS treatment of these oral-care items for HSAs, Archer MSAs, FSAs, and HRAs, making plan administration and claims processing more straightforward for employers and plan administrators.
Ambiguity about which OTC oral products meet the applicable FDA/505G safety and effectiveness standards could lead to claim denials, disputes, or inconsistent coverage decisions that harm consumers seeking reimbursements.
Employers, plan administrators, and potentially taxpayers may face higher administrative burdens and transitional costs updating eligible expense lists, adjusting plan documentation, and processing a new type of OTC claim.
Expanding pre-tax coverage to consumer oral products will slightly reduce taxable income and could modestly lower federal revenue over time.
Based on analysis of 2 sections of legislative text.
Permits reimbursement from HSAs, FSAs, and HRAs for toothbrushes, water flossers, and specified over-the-counter anticaries/antiplaque topical products.
Treats certain over-the-counter oral care items as eligible medical expenses for tax-advantaged accounts. The bill adds a legal definition for “oral healthcare product,” allows reimbursement from HSAs, FSAs, HRAs for manual and electric toothbrushes, water flossers, and specified over-the-counter anticaries or antiplaque/antigingivitis topical drug products, and makes the change effective for expenses incurred after enactment. It also inserts parallel language into Archer MSAs and other HSA rules and establishes an official short title for the Act.
Introduced February 11, 2025 by Jefferson Van Drew · Last progress February 11, 2025