Yes, you can. You can pay for anything out of your HSA account.However, if you pay for your gym membership out of your HSA account you will incur a tax penalty of 20% and owe income taxes that you need to self report and pay at the end of the year via IRS form 8889.This is because currently gym memberships are not considered an expense that is eligible for favorable tax treatment that is defined within the IRS tax publication 502.But wait, there is hope!On July 25th 2022 the House of Representatives passed Bill HR 6199. Section 8 of the bill reads as follows:u201cSec. 8. Certain Amounts Paid for Physical Activity, Fitness, And Exercise Treated as Amounts Paid for Medical Care Qualified sports and fitness expenses are treated as qualified medical expenses up to a limit of $500 a year for an individual and $1,000 a year for a joint return. This includes amounts paid for membership at a fitness facility, participation or instruction in a program of physical exercise or physical activity, or safety equipment for use in a program of physical exercise or physical activity.u201dThe bill has not been taken up yet by the Senate and does include many other pieces so even if passed section 8 could potentially be altered or removed.With that type of attention already in place it is possible that Gym Memberships sooner rather than later could be an eligible expense within an HSA account.For now though it may be a better investment of resources to avoid the 20% penalty and retain the income tax advantages of HSA participation if you can and pay for that Gym membership from another account.