Healthcare Reform for Self-Funded Employers

AMOUNTS PAID FOR CERTAIN PERSONAL PROTECTIVE EQUIPMENT (PPE) ARE TREATED AS MEDICAL EXPENSES AND REIMBURSABLE UNDER FSAS, HRAS AND HSAS

Amounts Paid for Certain Personal Protective Equipment (PPE) Are Treated as Medical Expenses and Reimbursable under FSAs, HRAs and HSAs

On March 26, 2021, the Internal Revenue Service (IRS) released IRS Announcement 2021-7, which provides that amounts paid for personal protective equipment or PPE, such as masks, hand sanitizer and sanitizing wipes, for the primary purpose of preventing the spread of the Coronavirus Disease 2019 (COVID-19 PPE) are treated as amounts paid for medical care under § 213(d) of the Internal Revenue Code (Code). Therefore, amounts paid by an individual taxpayer for COVID-19 PPE for use by the taxpayer, the taxpayer’s spouse, or the taxpayer’s dependent(s) that are not compensated for by insurance or otherwise are deductible under § 213(a), provided that the taxpayer’s total medical expenses exceed 7.5 percent of adjusted gross income.

Because these amounts are expenses for medical care under § 213(d) of the Code, the amounts are also eligible to be paid or reimbursed under health flexible spending arrangements (health FSAs), Archer medical savings accounts (Archer MSAs), health reimbursement arrangements (HRAs), or health savings accounts (HSAs). However, if an amount is paid or reimbursed under a health FSA, Archer MSA, HRA, HSA or any other health plan, it is not deductible under § 213. Such group health plans may be amended, pursuant to this announcement, to provide for reimbursements of expenses for COVID-19 PPE incurred for any period beginning on or after January 1, 2020.

Such group health plans may be amended pursuant to this announcement if:

the amendment is adopted not later than the last day of the first calendar year beginning after the end of the plan year in which the amendment is effective,
no retroactive amendment is adopted after December 31, 2022, and
the plan is operated consistent with the terms of the amendment, including during the period beginning on the effective date of the amendment through the date the amendment is adopted.

For example, by December 31, 2021 for a change effective January 1, 2020. No retroactive amendment may be adopted later than December 31, 2022.