The Restoring Access to Medication Act introduced in the House would reinstate consumers’ direct purchases of OTC drugs with pre-tax- savings accounts and extends eligibility for using the accounts to feminine hygiene products. Flexible spending arrangements, health savings accounts and other pre-tax accounts since 2011, under a provision in the Affordable Care Act, have been eligible for OTC products only when consumers have prescriptions from doctors. The legislation was introduced by Reps. Ron Kind (D-WI), Grace Meng (D-NY), Jackie Walorski (R-IN) and Darin LaHood (R-IL). "For years, I have been fighting to add menstrual hygiene products to the list of HSA-FSA eligible items, and I'm proud to continue championing that effort in this new legislation. There is no reason to prohibit individuals from using their HSA-FSA funds to pay for menstrual products. They are basic and essential items and adding them to the list of eligible expenses would go a long way toward making these products more affordable and accessible to women," Meng said in a release.
The Consumer Healthcare Products Association has lobbied since Congress passed the ACA to again allow direct OTC purchases with pre-tax savings accounts. Bills proposing the change have been introduced in every session of Congress since then but none have gained sufficient support for passage. CHPA noted a study it released last week shows that 90% of US consumers prefer using OTC medicines before seeing health care providers and that, on average, each dollar spent on OTC medicines saves the US health care system $7.20, totaling nearly $146bn in annual savings. (Also see "Providing High Value, OTC Drugs Deserve Higher Profile In Health Care – CHPA" - HBW Insight, 19 March, 2019
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