Sending Office: Honorable Lynn Jenkins
Sent By:

Cosponsor H.R. 394, the Restoring Access to Medication Act of 2017

Dear Colleague:

With health care costs continuing to skyrocket, American families and small businesses have been addressing these rising costs on their own, and by turning to consumer driven products like Health Savings Accounts (HSAs) and Flexible Spending Accounts (FSAs).
These accounts allow plan participants to set aside their own dollars on a pre-tax basis to pay for health care expenses, giving individuals control over their health care decisions and the method by which to pay for that care.

One of the key benefits of these plans prior to enactment of the Patient Protection and Affordable Care Act (PPACA) was the ability for plan participants to use their HSA or FSA dollars to pay for over-the-counter (OTC) medications. However, Section 9003
of the law prohibits plan participants from using their own funds from those savings accounts to purchase OTC medications, unless they have a prescription for the medication from a doctor.

This prohibition restricts the ability of individuals to manage their own health care expenses and adds yet another burden to physicians, as some plan participants seek a prescription for OTC medications. Rather than promoting cost-effectiveness and accessibility,
this provision instead directs participants to potentially more costly, less convenient, and more time-consuming alternatives.

As families work to be fiscally responsible and make the best savings decisions, we should be enacting legislation that encourages smart decisions to allow more Americans to take advantage of existing programs. This is why we have introduced legislation
to repeal Sec. 9003 of the PPACA to restore the ability of plan participants to use the funds in their FSA, HRA, HSA or Archer MSA to purchase OTC medications.

Please join us in working to repeal this burdensome regulation by cosponsoring H.R. 394. If you would like more information or to sign on as a cosponsor, please contact Colin Brainard ( in Congresswoman Jenkins’ office at 5-6601
or Elizabeth Stower ( in Congressman Kind’s office at 5-5506.




Lynn Jenkins, CPA                                         Ron Kind

Member of Congress                                      Member of Congress

Related Legislative Issues
Selected legislative information: HealthCare
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