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Background

In March, 2010, the Patient Protection and Affordable Care Act (PPACA) was signed into law as a part of the health care reform initiative. Included with the law was a new rule that limits the eligibility of over-the-counter (OTC) drugs and medications for reimbursement through a Health Care FSA, a Health Reimbursement Arrangement (HRA) and a Health Savings Account (HSA).

We have prepared some Frequently Asked Questions to help explain this change in regulations.


When does the change take effect?

The law is effective on January 1, 2011, which means that any OTC drug or medication purchase made in 2011 will require a doctor's prescription before it can be reimbursed from one of the covered health care accounts. The prescription date must be prior to the date of the purchase of the OTC drug or medication.


What does this mean for your account?

If you would like to be reimbursed for expenses you incur for OTC drugs or medications, you must obtain a prescription from a medical doctor listing the item(s) you are to take.  Once you have obtained the prescription, you must submit this to ASIFlex who will keep this on file for the lesser of one year or the duration noted on the script. 

The date on the prescription must be prior to the purchase date of the OTC item(s).


What about OTC supplies?

The legislation only placed the requirement for a prescription on OTC drugs and medications.  OTC supplies such as contact lens solution, bandages, hearing aid batteries, and eligible diagnostic devices do not require a prescription.  Additionally, the legislation explicitly stated that OTC diabetes supplies will not require a prescription.


What am I supposed to ask for from my doctor?

You just need to let your medical doctor know that you are enrolled in a pre-tax spending program, and that in order for the OTC medications you take to be eligible for reimbursement through the program, federal law now requires that you have a prescription on file.  He or she should write the prescription for the OTC medication exactly as he or she would with an actual prescription drug, meaning that the prescription will need to be on a prescription pad, and the prescription can include multiple items.  


Do I need to show my pharmacist the prescription?

No.  The prescription simply needs to be submitted to ASIFlex in order for certain OTC drugs and medications to be eligible for reimbursement through your spending account.


I have a letter from my doctor that says I need certain OTC drugs.  Will this be sufficient?

No.  The regulations governing the eligibility of OTC drugs and medications state that you must obtain a prescription that is valid in the state in which you purchase the OTC items in order for these items to qualify.


 

OTC Items That DO NOT REQUIRE a Prescription OTC Items that NOW REQUIRE a Prescription

Bandages
Blood pressure monitors
Condoms
Contact lenses
Crutches
Diabetic monitors, test kits, strips and supplies
Hearing aids and hearing aid batteries
Insulin
Reading glasses

Acid controllers
Allergy and sinus medicine
Anti-diarrheal medications
Anti-gas products
Cough, cold and flu
Digestive aids
Feminine anti-fungal
Laxatives
Motion sickness
Pain relievers
Smoking deterrents
Stomach remedies