119-s-1944119th CongressWALLET

Employee Access to Worksite Health Services Act

Sponsored By: Senator Scott, Tim [R-SC]

Introduced

Summary

This bill would clarify that receiving certain on-site employer health services does not by itself make someone covered under an employer health plan for Section 223 purposes. It specifies which limited services qualify and treats related companies as a single employer when applying the rule.

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  • Workers: Employees could receive workplace physicals, immunizations, drug testing, hearing and vision screenings, injury treatment, and certain preventive care without being treated as covered under a health plan merely because they used those services.
  • Employers: Companies could operate or lease workplace health facilities and offer the listed services without those services alone causing employees to be treated as covered under Section 223.
  • Scope and timing: "Qualified items and services" include physical exams; immunizations; drugs or biologicals other than prescribed drugs; treatment for work injuries; preventive care for chronic conditions as listed in IRS Notice 2019-45; drug testing; and hearing or vision screenings. The rule would apply to months in taxable years beginning after Dec 31, 2025.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 1 benefits, 0 costs, 0 mixed.

Keep HSA access with employer clinics

If enacted, this bill would say you are not "covered" by a health plan just because you can use an employer-run clinic. That means you would still be able to contribute to a Health Savings Account (HSA). The rule would cover services like physical exams; immunizations (including antigen injections by employees); drugs or biologics other than prescribed drugs; treatment for work injuries; drug testing; and hearing or vision screenings. It would also cover preventive care for chronic conditions listed in the Appendix to IRS Notice 2019-45, including later Secretary changes. Employers treated as a single employer under section 414 would count together. The rule would apply for months in tax years beginning after December 31, 2025.

Sponsors & CoSponsors

Sponsor

Scott, Tim [R-SC]

SC • R

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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