MigreLief is Covered by Flexible Spending Plans (Pre-Tax Dollars)

November 23rd, 2012

As the end of the year approaches and employees enrolled in Section 125 FLEX PAY PLANS calculate the dollars left in their flexible spending account due to the “Use it or lose it” policy,  it is a good time to remember that MigreLief is considered an OTC (over the counter) item that qualifies for reimbursement under your flex-pay plan.

Pursuant to Revenue Ruling 2003-102, over-the-counter drugs that are used to alleviate or treat personal injuries or sickness are now reimbursable through health care flexible spending accounts. Employees’ flex pay pretax contributions are not subject to federal, state, or social security taxes.

Per the IRS  – Eligible expenses include, “Dietary supplements or herbal medicines to treat medical conditions in narrow circumstances.”

MigreLief qualifies however, as of 2011 qualifying OTC items require a note from your doctor.

Many MigreLief users have been prescribed MigreLief by a neurologist, general practioner or other healthcare professional for medical purposes. If you use MigreLief for managing your migraines, approach your healthcare practioner for a prescription to be placed on file with your flex-pay plan administrator so you can purchase it monthly with your pretax dollars.

Studies have shown that employees on average lose approximately $100 annually in forfeited balances within their employee health care flex spending accounts because any money remaining in your flexible spending account on Dec 31 disappears and is retained by your employer.

If you have money in your flex-pay account at year end, stock up on MigreLIef or other items from the list below to avoid losing those dollars.

Many other OTC items you may not have considered also qualify for reimbursement with a note from your doctor.  The following is a list of common non-prescription over-the-counter items the IRS has determined to be primarily for medical care and eligible for reimbursement, and dual purpose items that are reimbursable with a physician’s statement.

Note:  This list does not include all reimbursable items but is the best guidance provided by the Internal Revenue Service to date.

 

ELIGIBLE EXPENSES Healthcare Practitioner's Tear Pad-MigreLief

Allergy medicine

Antacids

Bactine

Band-Aids/bandages

Anti-diarrhea medicine

Bug-bite medication

Calamine lotion

Carpal-tunnel wrist supports

Cold medicines

Reading glasses

Cold/hot packs for injuries

Condoms

Contact lens cleaning solution

Cough drops

Spermicidal foam

Diaper rash ointments

First aid cream/First aid kits

Hemorrhoid medication

Incontinence supplies

Laxatives

Liquid adhesive for small cuts

Menstrual cycle products for pain/cramps

Motion sickness pills

Muscle or joint pain products

Nasal sinus sprays/strips

Nicotine gum/patches for stop-smoking

Pain relievers

Pedialyte for ill child dehydration

Pregnancy test kits

Rubbing alcohol

Sinus medications

Sleeping aids to treat insomnia

Sunburn ointments or creams

Thermometers (ear or mouth)

Throat lozenges

Visine and other eye products

Wart remover treatments

 

Dual purposes OTC items

The following list of dual-purpose over-the-counter items can be reimbursed if used for medical purposes. They must be accompanied by a medical practitioner’s note stating the item is to treat a specific medical condition and not a cosmetic procedure.

Acne treatment (Retin A) only to treat a specific medical condition such as acne vulgaris

Dietary supplements or herbal medicines to treat medical conditions in narrow circumstances

Fiber supplements under narrow circumstances

Glucosamine/chondrotin for arthritis or other medical conditions

Orthopedic shoes and inserts (only the cost difference between orthopedic and nonorthopedic shoes will be reimbursed)

Hormone therapy and treatment for menopause symptoms such as hot flashes and night sweats

Pills for lactose intolerance

Prenatal vitamins

St. John’s Wort for depression

Sunscreen

Weight-loss drugs to treat a specific disease including obesity

 

Medical expenses eligible for reimbursement under a Section 125 cafeteria plan

Acupuncture

Adoption related medical costs

Air conditioner filters for allergy relief (supplied by online Goodman furnace and AC)

Alcoholism treatment

Ambulance services

Attendant for blind or deaf student

Autoette

Birth control pills

Blind persons accessories (seeing eye dog, Braille training, special schooling)

Capital expenditures (home modifications for handicapped)

Car modifications for handicapped

Childbirth prep classes (mother only)

Chiropractors

Christian Science treatment

Contact lenses (including replacement insurance)

Cosmetic Surgery (non-elective only)

Crutches

Deaf persons accessories (hearing aids, special schooling)

Dental fees

Dentures

Diagnostic fees

Doctors’ fees

Domestic aid (in home nurse)

Drug addiction treatment

Dyslexia language training

Electrolysis (medical reasons only)

Elevator for cardiac conditions

Eye exams and glasses

Fertility enhancement

Fluoride device

Guide animals

Hair transplant (surgical and medical reasons)

Hearing aids

HMO’s

Hospital care (in-patient)

Indian medicine man

Insulin

Insurance premiums (medical post-tax only)

Iron lung

Lab fees

Laetrile (legal use)

Laser eye surgery

Lead paint removal

Learning disability (doctor recommended special schooling fees)

Legal expenses related to medical condition

Lifetime medical care prepaid-retirement home

Limbs (artificial)

Lodging (for medical care away from home)

Long Term Care Services (qualified medical only)

Meals (medical care away from home)

Medical conferences (relating to illness)

Nursing home (medical reasons)

Nursing services (home care)

Operation (legal, including abortion)

Organ Donor

Orthodontia

Orthopedic shoes

Osteopaths

Oxygen equipment

Prescription Drugs –

Psychiatric care

Psychotherapists

Sexual dysfunction treatment

Sterilization

Stop Smoking Programs (and related stop smoking prescription drugs only)

Swimming pool (for polio or arthritis treatment)

Telephone equipment (for hearing impaired)

Television close caption prescribed by doctor

Vasectomy

Weight loss programs (doctor prescribed for medical reasons)

Wheelchair

Wigs (alleviation of physical or mental discomfort)

X-rays

If you have not opted in to your firm’s flex-pay plan, you may want to consider it during the next enrollment period.  Many other items you use regularly may be covered and it is a good way to cut taxes.

Though some flex pay plans offer an explicit choice of cash or benefits, most today are operated through a “salary redirection agreement”, which is a payroll deduction in all but name. Deductions under such agreements are often called pre-tax deductions because salary redirection contributions are not actually or constructively received by the participant. Therefore, those contributions are not generally considered wages for federal income tax purposes,  nor are they usually subject to Federal Insurance Contributions Act tax (FICA)  and Federal Unemployment Tax Act (FUTA).

So remember to save your receipt the next time you purchase MigreLief and submit it along with a note from your doctor for reimbursement.

 

~ The MigreLief Team

 

 

 

 

 

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