Since the 2012 election, some states have adopted a “medical marijuana” law that decriminalizes the use and possession of marijuana by state residents with debilitating medical conditions such as cancer, AIDS, Parkinson’s disease, Crohn’s disease, and more. Some of these states will allow patients who obtain written certification from a physician that they suffer from a medical condition to register with the Health Department for approval to obtain a 60-day supply of marijuana for personal medical use.

Regarding medicinal marijuana, it’s important to note that even though some states have made it legal, it is NOT reimbursable as an FSA, HRA or HSA expense because the federal government has not made marijuana legal.

You may be wondering what other “interesting” items may be an eligible expense or not. Here are some examples:

  • Prescription drugs that are purchased from pharmacies outside of the United States (ordered online from a different country, for example) are not eligible. They are typically not approved by the FDA so they are illegal.
  • Chiropractic programs that allow you to pre-purchase visits at a discount are not eligible until you actually have a visit.
  • Counseling and therapy visits are eligible unless it is marital counseling.
  • The dependent care portion of legally-ordered child support is not payment for child care services under a Dependent Care program, so it is not eligible.
  • Insurance premiums are not eligible under a Health FSA, but are allowed under other programs.
  • Teeth whitening kits and other toiletry type items are not eligible.
  • Cosmetics expenses of any nature are not eligible.

If you have any questions about whether something is an eligible expense or not, please give us a call.