skip to main content

S. 1654: A bill to amend the Internal Revenue Code of 1986 to include certain over-the-counter dietary supplement products as qualified medical expenses.


The text of the bill below is as of May 17, 2021 (Introduced).


II

117th CONGRESS

1st Session

S. 1654

IN THE SENATE OF THE UNITED STATES

May 17, 2021

introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

To amend the Internal Revenue Code of 1986 to include certain over-the-counter dietary supplement products as qualified medical expenses.

1.

Inclusion of dietary supplement products as qualified medical expenses

(a)

HSAs

Section 223(d)(2) of the Internal Revenue Code of 1986 is amended—

(1)

by inserting or dietary supplement products after menstrual care products in the last sentence of subparagraph (A); and

(2)

by adding at the end the following new subparagraph:

(E)

Dietary supplement product

For purposes of this paragraph, the term dietary supplement product means a nutritional product that is labeled with—

(i)

a statement describing how the product is intended to affect the structure or function of the human body, or

(ii)

a statement characterizing the mechanism by which the product acts to maintain such structure or function.

.

(b)

Archer MSAs

The last sentence of section 220(d)(2)(A) of such Code is amended by inserting or dietary supplement products (as defined in section 223(d)(2)(E)) after menstrual care products (as defined in section 223(d)(2)(D)).

(c)

Health flexible spending arrangements and health reimbursement arrangements

Section 106(f) of such Code is amended—

(1)

by inserting or dietary supplement products (as defined in section 223(d)(2)(E)) after menstrual care products (as defined in section 223(d)(2)(D)); and

(2)

in the heading, by inserting and dietary supplement products after menstrual care products.

(d)

Effective dates

(1)

Distributions from savings accounts

The amendment made by subsections (a) and (b) shall apply to amounts paid after December 31, 2020.

(2)

Reimbursements

The amendment made by subsection (c) shall apply to expenses incurred after December 31, 2020.