Last night, the U.S. Senate unanimously approved a $2 trillion appropriations bill that addresses many issues stemming from the coronavirus pandemic. There are two provisions in this 880-page piece of legislation which impact OCA and our clients.
-- Section 3701 of the bill provides that payments for "telehealth and other remote care services" below the deductible will be permitted in an HSA-compatible high deductible plan. This provision is effective immediately and will last until December 31, 2021. The bill does not define what "telehealth and other remote care services" entails.
Over-the-Counter Drugs and Menstrual Care Products
-- Section 3702 of the bill provides that HSAs, FSAs and HRAs will again be able to pay for or reimburse for OTC drugs and medicines. In addition, expenses for menstrual care products will be treated as qualified medical expenses which can be paid for reimbursed by an HSA, FSA or HRA. This provision is effective for amounts paid after December 31, 2019 and for reimbursements of expenses incurred after December 31, 2019. Unlike the telehealth provision, this provision does not have an expiration date.
This bill next goes to the House of Representatives for its approval. Speaker of the House Nancy Pelosi said that the House will take up this bill on Friday by voice vote meaning that members of the House will not have to be called back to DC to vote for the bill. With this voting process, we will likely see the bill passed in the House on Friday and sent to President Trump for his signature.
We will continue to keep you informed of any additional information on this bill and any other legislative and regulatory activity relating to the coronavirus pandemic.