GOV/MIL Under Obamacare law, ppl need doctor's note to pay for Tylenol and est. 15k other OTC

Dennis Olson

Chief Curmudgeon
_______________
New Rules Coming for Payments Out of Health Savings Accounts

Published October 15, 2010 | FoxNews.com

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Under the new health care law, consumers using workplace pre-tax health savings accounts will soon need a doctor's note to pay for Tylenol and an estimated 15,000 other over-the-counter drugs.

Starting Jan. 1, employees who use flexible spending accounts (FSAs), health saving accounts (HSAs), or health reimbursement arrangements (HRAs) to pay for common medications such as pain relievers, cold medicines, antacids and allergy medications will need prescriptions. The new rules don't apply to insulin.

The new rules will also prohibit the use of FSA or HRA debit cards provided by administrative plans for over-the-counter purchases because the IRS says there's no way to prove the drugs were prescribed.

The IRS says any money removed from HSA accounts to pay for medical expenses not bought with a prescription will be included as taxable income and subject to an additional tax of 20 percent.

Robert Zirkelbach, a spokesman for America's Health Insurance Plans, the industry lobby that voiced support for the overhaul but has been accused by some of the law's proponents of trying to undermine it, said the law creates "unintended consequences."

"It creates unnecessary hassles for consumers and provides the wrong kind of incentives," Zirkelbach said, adding that the changes could make it more difficult for consumers to get medicines they need at costs they can afford.

"This change could have the unintended consequence of increasing health care costs," he said. It might provide an incentive for consumers to go back on more expensive medications when over-the-counter medicine works just fine."

More than 10 million consumers use HSAs according to a survey done in January by AHIP. That's up from 8 million in 2009 and 6.1 million in 2008.

According to an analysis by benefits administrator Aon Hewitt of more than 220 employers covering more than 6 million workers, 20 percent of employees, or 1.2 million, contributed to an FSA in 2010. Of those workers, the average annual contribution is $1,441.

FSAs and HSAs allow workers to reduce their taxable income to pay for qualified health care or child care expenses. Anyone with a high-deductible medical insurance plan can obtain an HSA. The IRS defined a high-deductible plan in 2010 as $1,200 a year for individuals and $2,400 for families.

FSAs, which were first authorized by Congress in 1978, are only available through employers who offer the plans. But FSAs face another new rule under the Affordable Care Act -- a limit on the pre-tax contributions to $2,500, starting Jan. 1, 2013. There is currently no limit on how much an employee can contribute to FSAs although employers can impose one.

Lawmakers imposed the cap to help pay for provisions that will expand coverage starting in 2014. The cap is expected to raise $13 billion for other government-provided health care services offered between 2013 and 2019.
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http://www.foxnews.com/politics/201...ules-require-doctors-note-pay-otc-drugs-fsas/
 

BadMedicine

Would *I* Lie???
its now a $100 doctor visit to buy $3 allergy meds or pain reliever... thats good for the economy.

Anyone still believe the gov isnt in bed with big pharma?
 

mzkitty

I give up.
I've never had any kind of *health savings account* and have always paid cash for OTC stuff.

What's wrong with that?

Pay cash. No records. No doctors. No bureaucratic garbage.


:shk:
 

Blastoff

Veteran Member
It's a 20-40% savings to use a pre-tax flex medical or health savings account.

Add your federal tax rate + your state tax rate + 7.65% FICA and you have a rough idea of the percentage savings such an account will yield.

And, yes, the OTC ban is another lovely gift from Obamacare that raises your medical costs, not lowers them.
 

momof23goats

Deceased
It's a 20-40% savings to use a pre-tax flex medical or health savings account.

Add your federal tax rate + your state tax rate + 7.65% FICA and you have a rough idea of the percentage savings such an account will yield.

And, yes, the OTC ban is another lovely gift from Obamacare that raises your medical costs, not lowers them.

stock up now, for at least a years worth, or 2. :whistle:
 

workerbee

* Winter is Coming *
I doubled my FSA this year; it's only the second year we've had one, but I see the benefits.

Bet I'll use up every penny of it...I'll buy a lot of our otc meds before the end of the year

AND

Taxes on BRAND NAME DRUGS are going WAY UP......Although I fail to remember when exactly this takes place....but it was one of those little things we get to "find out about".....

Obamacare....the gift that keeps on giving!
 

Breeta

Veteran Member
I enjoyed FSA until I got laid off from my job in May and found out that I was only allowed to use FSA for expenses incurred while I was an active employee. Since I was laid off, my account was frozen and my employer gets to keep the remaining funds (several hundred dollars) in my account at the end of the year. I was livid! Still am, actually! It was all my money i put in that account so i should get to keep it!!
That experience turned me off to FSA accounts forever.
 

workerbee

* Winter is Coming *
I enjoyed FSA until I got laid off from my job in May and found out that I was only allowed to use FSA for expenses incurred while I was an active employee. Since I was laid off, my account was frozen and my employer gets to keep the remaining funds (several hundred dollars) in my account at the end of the year. I was livid! Still am, actually! It was all my money i put in that account so i should get to keep it!!
That experience turned me off to FSA accounts forever.

I am sorry this happened to you!

It was explained to me that in the event I quit, get fired, get laid off, or the company goes out of business, any remaining money is no longer "mine".

On the other hand, if I've spent every dollar of my FSA and I quit, get fired, get laid off, or business goes under - the employer "eats" what I have yet to pay into.....

(Ours works like this: at the beginning of their fiscal year, I get a pre-loaded FSA benifits card with the full amount I have chosen.
This total amount is divided by however many paychecks I'll have in the next 12 months.)

It's a crapshoot, if I don't lose my job, I will enjoy paying a little less in taxes. I'm taking the chance I'll come out ahead; but as Breeta has experienced, it's possible to get screwed.

Again Breeta, I am sorry it happened to you.
 

Hopetx

Inactive
it's possible to get screwed

The administering companies count on this. You don't think they handle all this out of the goodness of their hearts to save the poor working stiff a few bucks on his taxes, do you? They have to profit from it somewhere.

We participated in an FSA one year and I decided I didn't like the idea that it would be just way too easy for private medical info to make its way to people who had no business knowing it so we didn't do it again.
 

Double_A

TB Fanatic
Starting Jan. 1, employees who use flexible spending accounts (FSAs), health saving accounts (HSAs), or health reimbursement arrangements (HRAs) to pay for common medications such as pain relievers, cold medicines, antacids and allergy medications will need prescriptions.


I was under the impression that you could not use FSA money for OTC medications. Because the Doctor cannot write a precription for an OTC med. But I've never had an FSA, am I wrong in this regard?


Breeta, that sucks about your FSA money.
 

workerbee

* Winter is Coming *
Ours at present allows most otc meds including acne medications, topical otc meds, eye drops, ibuprofen, tylenol, etc...
 

Barry Natchitoches

Has No Life - Lives on TB
I enjoyed FSA until I got laid off from my job in May and found out that I was only allowed to use FSA for expenses incurred while I was an active employee. Since I was laid off, my account was frozen and my employer gets to keep the remaining funds (several hundred dollars) in my account at the end of the year. I was livid! Still am, actually! It was all my money i put in that account so i should get to keep it!!
That experience turned me off to FSA accounts forever.



It shouldn't turn you off to FSA accounts forever. Just learn the rules, and then learn how to turn them to your advantage.


For those of you still employed, if you get canned suddenly and you still have FSA money in your account, here is what you do, and you do it IMMEDIATELY:


You will have your FSA money available at least until midnight of the day that you were canned.


So go out to Walgreens or WalMart or whereever, and stock up on any prescription meds you need (unless you will be able to carry your insurance past your firing, in which case you might do better just to wait till your script runs out).


Then figure out how much FSA money is not yet spent.


Go to a pharmacy or WalMart and stock up on OTC meds, insulin and needles (if you are a diabetic), blood pressure monitoring kit, bandages, gauze, medical gloves, even OTC wrist or knee or ankle braces as long as they are sold in the pharmacy area for OTC medical use.


If you have a huge amount of money left to spend, buy the most expensive diabetic testing meter they sell and several hundred of its expensive testing strips. That will run up your bill in a hurry. Buy an OTC walking cane out of the pharmacy area. Or a walker.


You say you are not diabetic? You walk OK without a cane?


That's OK. Make sure you buy your stuff at some place that will give you your money back, like Walgreens or WalMart.


After you fax your receipts in to the FSA company, who really knows if you return some of the excess, like those diabetic testing strips that you accidentally purchased not realizing that they are only useful if you are a diabetic?


Don't go over the amount that you have left unspent in your FSA account, but don't go much under it either. Remember -- the entire amount of money is available to you in early January, not just the amount you have alredy paid into the FSA account. So use the TOTAL amount up, not just the amount you have already paid in.


Now, if you have some warning that you will be let go, then use that FSA money -- in combination with your current insurance -- to get stuff done that you will need to do at some future point anyway.


Been putting off a root canal and a new crown on that bad tooth?


Get it done now before you lose your job, so you can use your dental insurance and get the FSA to pick up the rest of the tab.


Need new glasses or contacts?


Get them now before they let you go, so the FSA can pick up the tab.


Even if you are canned without warning, you will still have that FSA account until at least midnight of the day you were canned, so spend up that money getting receipts with the date on them, then send them in to get your money out of the FSA.


ACT FAST IF YOU ARE FIRED UNEXPECTEDLY.

DO NOT LEAVE MONEY IN YOUR FSA!
 
Prescriptions Needed for Over The Counter Meds or No Flex Spending Eligibility

Un-freaking-believable. I posted this on my FB page and one of the girls I'm in nursing school with says, "You can still buy OTC meds, you just can't use your Flex Spending Account". She totally misses the point that it is a tax increase and they are gaining control over our use of medicines.

Serfs: "Oh please, doctor! May I please have a Tylenol???????"

Fair use for education and discussion purposes . . .

New Rules Coming for Payments Out of Health Savings Accounts


http://www.foxnews.com/politics/201...ules-require-doctors-note-pay-otc-drugs-fsas/


Under the new health care law, consumers using workplace pre-tax health savings accounts will soon need a doctor's note to pay for Tylenol and an estimated 15,000 other over-the-counter drugs.

Starting Jan. 1, employees who use flexible spending accounts (FSAs), health saving accounts (HSAs), or health reimbursement arrangements (HRAs) to pay for common medications such as pain relievers, cold medicines, antacids and allergy medications will need prescriptions. The new rules don't apply to insulin.

The new rules will also prohibit the use of FSA or HRA debit cards provided by administrative plans for over-the-counter purchases, because the IRS says there's no way to prove the drugs were prescribed.

The IRS says any money removed from HSA accounts to pay for medical expenses bought without a prescription will be included as taxable income and subject to an additional tax of 20 percent.Read more here.
 

night driver

ESFP adrift in INTJ sea
FSA's have gone back and forth on this for at least a decade. We have had years where the OTC meds were OK for FSA spending and years where they have not been OK.

Virtually ALL FSA's work like workerbee said. If we had spent all of our FSA in the first month of the Benefit year and had lost the job no matter how, in the second month there was no recourse for the company. Of course if we had NOT spent it all (or all we had contributed) when we left we were out the payments.
 
This comes down to two main themes:

1) Tax increase

2) Control

I am livid!!!! Our kids are on meds that are absolutely necessary for medical problems and I'm now going to have to jump the bureaucratic hoops to beg for a prescription for something that has worked for the kids for years and is supposed to be available without a doctor's permission.

Also, this is a huge financial bite to many families who count of FSA's to help manage tax liability. I know for us, we would have to spend thousands of dollars to be able to write off medical costs. When we could use our FSA, we received immediate tax benefit for the first $2,000. I feel like I'm being robbed!!!
 
Per Fox News: "The IRS says any money removed from HSA accounts to pay for medical expenses bought without a prescription will be included as taxable income and subject to an additional tax of 20 percent."

http://www.foxnews.com/politics/201...ules-require-doctors-note-pay-otc-drugs-fsas/


So, if you buy a medical item or procedure with your FSA and you don't have a prescription in hand, not only will you have to pay regular taxes on it, but they are also going to penalize you an additional 20%!!

This is just the icing on the cake to me. I just found that I, nor my 7 year old son, will ever be able to have a well-exam (even though they are supposed to be covered 100% by our insurance) because we both medical problems. Mine is benign hypertension (very well controlled) and my son's is congenital hypothyroidism-- neither is life threatening. I went in for my supposedly covered well exam and found a denial of coverage from my insurance coverage and a bill for $200 from the doctor and lab. I called the HR office and let them know that they are paying for a coverage that employees aren't getting, but they didn't care. So, my son and I will no longer be getting well exams. We just can't afford it. They talk the talk about preventative care, but when you get it they stick the screws to you. Never again for me!!!!!

And for those who say the healthcare bill will help, I have no doubt that Obamacare will just make this worse!!! Everything I've seen about this just digs me a deeper hole!

Thus, I am aiming to be a nurse practitioner within the next few years. At least I'll know how to take care of my family because I have no doubt that we'll all be on our own very soon unless this atrocity is repealed!
 

Nuthatch

Membership Revoked
My experience with these was with friends who always rushed at the end of the year to spend it or lose it. When I was given the option of an FSA last year (I've since been laid-off and have no insurance), I knew it wouldn't be worth it for me--that isn't how I spend money. The HMO plan worked best, as I would pay the least OOP (out of pocket) and I knew I would need surgery, which I thankfully got before the job died.

IDK, but I think it might be as simple as switching plans during the next open enrollment opportunity.
 

night driver

ESFP adrift in INTJ sea
FSA's have gone back and forth on OTC reimbursements for at least a decade. Some years OTC's are covered and some years not. Nothing REALLY new.
 

Blastoff

Veteran Member
The administering companies count on this. You don't think they handle all this out of the goodness of their hearts to save the poor working stiff a few bucks on his taxes, do you? They have to profit from it somewhere.

We participated in an FSA one year and I decided I didn't like the idea that it would be just way too easy for private medical info to make its way to people who had no business knowing it so we didn't do it again.
Reply With Quote

Actually, the PLAN SPONSOR - generally your company - gets any forfeited funds, as well as being on the hook for any accounts that are short.

The plan administrator gets paid by your company to manage the accounts.

And the plan administrator must follow the same HIPAA privacy rules your doctor and pharmacist must follow.
 

Hopetx

Inactive
Actually, the PLAN SPONSOR - generally your company - gets any forfeited funds, as well as being on the hook for any accounts that are short.

The plan administrator gets paid by your company to manage the accounts.

And the plan administrator must follow the same HIPAA privacy rules your doctor and pharmacist must follow.

Same difference. They're still banking on having more forfeits than shortages in order to cover the cost of doing business and to make a bit of profit besides. In this day and age of mass job losses, contributing to an FSA can be a gamble that a lot of people would probably be smart to avoid.

And the hell with HIPAA. To the greatest extent possible, I choose not to share personal info with those who really have no need to know.
 
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