Washington, D.C. – Today, Representatives Darin LaHood (IL-16), Josh Gottheimer (NJ-05), Claudia Tenney (NY-24), and Brendan Boyle (PA-02) reintroduced the Dietary Supplements Access Act. This legislation would allow for the use of Health Savings Accounts (HSAs) or Flexible Spending Accounts (FSAs) to purchase dietary supplements, modernizing the availability and coverage of vitamins and minerals, supporting cost savings, and giving millions of Americans increased health and wellness options. Companion legislation was introduced in the Seante by Senators Kevin Cramer (R-ND) and John Curtis (R-UT).



“As enrollment in HSA’s continues to grow, it is critical we remove unnecessary barriers to give Americans more flexibility and options when making personal healthcare choices for their families,” said Congressman LaHood. "This bipartisan bill will allow over-the-counter nutrition and dietary supplements to be considered as qualified medical expenses under HSAs and FSAs so that a patients have more flexibility and preventative care options.”

 

“Americans should be able to use their own hard-earned healthcare dollars on commonsense preventive health products they already rely on every day,” said Congresswoman Tenney. “Millions of families, especially seniors, use vitamins, probiotics, and dietary supplements to support their health, but outdated tax rules make that harder than it should be. The bipartisan Dietary Supplements Access Act cuts red tape, expands access to affordable preventive care, and gives the more than 270,000 seniors in New York’s 24th District greater flexibility in managing their healthcare costs."

 

"Dietary supplements and wellness products are essential health care products that hard-working families rely on each and every day. We need to cut red tape and make sure people can afford them. This bipartisan legislation protects consumer choice, supports small businesses, and takes a commonsense approach to keeping products safe, affordable, and accessible,” said Congressman Gottheimer.

 

"At a time when more science is supporting the use of dietary supplements to maintain health and wellness, expanding HSA and FSA eligibility to include supplements is smart healthcare policy,” said CHPA President & CEO Scott Melville. “Giving consumers the ability to use their own pre-tax dollars to purchase supplements makes healthcare more affordable and accessible and send empowers Americans to take a more proactive approach to their health and wellness. This legislation builds on bipartisan efforts to expand access to trusted self-care products, and CHPA applauds Senator Cramer for championing greater flexibility and affordability for consumers.”

 

“Modernizing HSA eligibility can better reflect how consumers think about investing in their health and wellness. We support the Dietary Supplements Access Act as an important step toward aligning federal health policy with the growing body of science connecting nutrition, the gut microbiome, and long-term health outcomes. At Novonesis, we produce the biological cultures and probiotic solutions that millions of Americans use every day to support their health. Making these products eligible for pre-tax HSA spending enables consumer access to preventative health — and we look forward to working with Congress to see this legislation across the finish line," said Novonesis President Tue Micheelsen.


Background: 

Roughly 80% of Americans use vitamins and dietary supplements for a range of benefits, from addressing nutrient deficiencies to strengthening bones and helping to prevent osteoporosis. Vitamins and dietary supplements can be a part of preventative care that can create cost savings to employers, consumers, and the entire healthcare system. 

Currently, Americans with health-related savings accounts cannot be reimbursed for the out-of-pocket expenses they pay for nutritional and dietary supplements. This bipartisan legislation would amend the Internal Revenue Code (IRC) to include over-the-counter dietary supplement products as a qualified medical expense. This change would allow single filers to contribute $250, and joint filers can contribute $500 to their HSA/FSA for the use of dietary supplements annually. 

This legislation is supported by the National Products Association, the Consumer Healthcare Products Association, the Council for Responsible Nutrition, and Novonesis. 


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