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

Summary:
This bill expands the tax deduction for qualified medical expenses to include dietary supplement products. The bill defines dietary supplement products as nutritional products with labelling relating to their effects on bodily functions. The bill also allows payments from certain tax-preferred spending and reimbursement accounts for dietary supplement products.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5747 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 5747

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 27, 2021

   Mr. Brendan F. Boyle of Pennsylvania (for himself and Mr. LaHood) 
 introduced the following bill; which was referred to the Committee on 
                             Ways and Means

_______________________________________________________________________

                                 A BILL


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 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) in subparagraph (A), by inserting ``or dietary 
        supplement products'' after ``menstrual care products''; 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 or 
        incurred after December 31, 2021.
            (2) Reimbursements.--The amendment made by subsection (c) 
        shall apply to expenses paid or incurred after December 31, 
        2021.
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