Oral Health Products Inclusion Act
Sponsored By: Representative Van Drew
Introduced
Summary
Lets people use tax-advantaged health accounts to buy over-the-counter oral-care items. The bill would add toothbrushes, water flossers, and FDA-recognized over-the-counter anticaries and antiplaque products to the list of qualified medical expenses for Health Savings Accounts (HSAs), Archer Medical Savings Accounts (Archer MSAs), health Flexible Spending Accounts (FSAs), and Health Reimbursement Arrangements (HRAs).
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- Families and individuals: You could pay for manual or electric toothbrushes, water flossers, and qualifying OTC anticaries or antiplaque products with pre-tax HSA, FSA, or HRA dollars. This shifts those purchases from after-tax spending to tax-advantaged accounts.
- HSA and Archer MSA holders: The bill explicitly treats these oral-care items as qualified medical expenses under the HSA and Archer MSA rules, clarifying eligibility for reimbursement.
- Employers and plan administrators: FSAs and HRAs would treat these expenses as incurred for medical care when reimbursing employees, making them eligible under plan rules.
- Product limit: Only OTC products defined as anticaries or antiplaque or antigingivitis and recognized as safe and effective under 21 U.S.C. 355f qualify.
The changes would apply to expenses incurred after the date of enactment.
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 1 benefits, 0 costs, 0 mixed.
Pre-tax health accounts could cover oral care
If enacted, you could use HSA, Archer MSA, FSA, or HRA money to buy toothbrushes and water flossers. You could also use these funds for certain over-the-counter oral-care products. They must be topical anticaries or antiplaque or antigingivitis products that FDA recognizes as safe (21 U.S.C. 355f). This would apply to expenses incurred after the law is enacted. You need one of these accounts, and your plan’s rules would still apply.
Sponsors & CoSponsors
Sponsor
Van Drew
NJ • R
Cosponsors
Rep. Schneider, Bradley Scott [D-IL-10]
IL • D
Sponsored 2/11/2025
Rep. Malliotakis, Nicole [R-NY-11]
NY • R
Sponsored 2/11/2025
Rep. Panetta, Jimmy [D-CA-19]
CA • D
Sponsored 2/11/2025
Rep. Vindman, Eugene Simon [D-VA-7]
VA • D
Sponsored 9/15/2025
Roll Call Votes
No roll call votes available for this bill.
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