US Codex
Bill
Notes

To amend the Internal Revenue Code of 1986 to provide for a temporary moratorium on certain taxes affecting purchases of prescription medication.

H.R. 4618 · 115th Congress · Dec 12, 2017 · Lineage

A BILL

Section 1 Temporary moratorium on tax on over-the-counter medications

(a)
HSAs— Subparagraph (A) of section 223(d)(2) of the Internal Revenue Code of 1986 is amended by striking “only if such” and all that follows and by inserting

“(i) such medicine or drug is a prescribed drug (determined without regard to whether such drug is available without a prescription) or is insulin, or

“(ii) such amount is paid during the period beginning on January 1, 2018, and ending on December 31, 2019.”

(b)
Archer MSAs— Subparagraph (A) of section 220(d)(2) of the Internal Revenue Code of 1986 is amended by striking “only if such” and all that follows and by and inserting

“(i) such medicine or drug is a prescribed drug (determined without regard to whether such drug is available without a prescription) or is insulin, or

“(ii) such amount is paid during the period beginning on January 1, 2018, and ending on December 31, 2019.”

(c)
Health flexible spending arrangements and health reimbursement arrangements— Subsection (f) of section 106 of the Internal Revenue Code of 1986 is amended by striking “only if such” and all that follows and by and inserting

“(1) such medicine or drug is a prescribed drug (determined without regard to whether such drug is available without a prescription) or is insulin, or

“(2) such expense is incurred during the period beginning on January 1, 2018, and ending on December 31, 2019.”

(d)
Effective dates—
(1)
Distributions from savings accounts— The amendments made by subsections (a) and (b) shall apply to amounts paid after December 31, 2017.
(2)
Reimbursements— The amendment made by subsection (c) shall apply to expenses incurred after December 31, 2017.