Regulations

Bicameral Dietary Supplement Access Act Seeks to Allow Use of HSAs, FSAs, HRAs for Supplements

The bill would amend the Internal Revenue Code to designate over-the-counter dietary supplements as qualified medical expenses.

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By: Mike Montemarano

Associate Editor, Nutraceuticals World

Photo: Mark | Adobe Stock

Bicameral legislation dubbed the Dietary Supplement Access Act would allow Americans to use healthcare savings accounts (HSAs), flexible spending accounts (FSAs), and health reimbursement arrangements (HRAs) to purchase dietary supplements. The bill’s full text is available here.

The legislation was introduced in both chambers of Congress by Republican Sens. Kevin Cramer of North Dakota and John Curtis of Utah; and Reps. Darin Lahood (R-Ill), Claudia Tenney (R-NY), Brendan Boyle (D-PA), and Josh Gottheimer (D-NJ). The bill would allow individuals to use these tax-advantaged accounts for dietary supplement purchases of up to $500 per year, effective for amounts paid after Dec. 31, 2025.

“Nutritional supplements are a crucial form of preventative care, keeping people healthier in the long run and, ultimately, driving down healthcare costs,” said Cramer. “But right now, the rules don’t fully reflect this reality. By modernizing how health savings accounts and flexible spending accounts can be used, this bill gives families more freedom, more choice, and more ability to invest in their own well-being.”

“Dietary supplements are an important part of many Utahns’ health and wellness routines, and are key to making America healthy again,” said Curtis. “By expanding access to supplements through HSAs and FSAs, our legislation empowers individuals to take greater ownership of their health while helping reduce long-term healthcare costs.”

The Dietary Supplements Access Act would amend the Internal Revenue Code to designate over-the-counter dietary supplements as qualified medical expenses. Under the proposal, individuals could use up to $250 annually from their health accounts for supplements, while joint filers could use up to $500 per year.

“This commonsense legislation recognizes the important role dietary supplements play in supporting the health and wellness of millions of Americans. At a time when consumers are increasingly focused on proactive, preventive approaches to healthcare, Congress should be empowering Americans to use their own Health Savings Account (HSA) and Flexible Spending Account (FSA) dollars for products that help them maintain and improve their health,” said Daniel Fabricant, PhD, president and CEO of the Natural Products Association (NPA). “The Dietary Supplements Access Act is a practical, consumer-focused step that would expand access to supplements, increase their affordability, and provide families with greater flexibility in making personal healthcare decisions. Dietary supplements are already used daily by millions of Americans as part of their wellness routines, and allowing these products to qualify as eligible medical expenses simply aligns federal policy with how consumers already approach their health. NPA looks forward to working with Congress to advance this important legislation and continue expanding access to safe, regulated dietary supplements for American consumers.”

“At a time when science is supporting the use of dietary supplements to maintain health and wellness, expanding HSA and FSA eligibility to include supplements is smart healthcare policy,” said Scott Melville, president and CEO of the Consumer Healthcare Products Association (CHPA). “Giving consumers the ability to use their own pre-tax dollars to purchase supplements makes healthcare more affordable and accessible and empowers Americans to take a more proactive approach to their health and wellness. This legislation builds on bipartisan efforts to expand access to trusted self-care products, and CHPA applauds Senator Cramer for championing greater flexibility and affordability for consumers.”

“CRN strongly supports the Dietary Supplements Access Act because it reflects a modern understanding of healthcare, one that recognizes the important role dietary supplements can play in supporting health and wellness,” said Steve Mister, president and CEO of the Council for Responsible Nutrition (CRN). “Consumers increasingly use supplements as part of their proactive health regimens, yet current tax policy has failed to keep pace with how Americans approach preventive care. This legislation helps empower consumers to make health investments using the same tax-advantaged tools already available for many other wellness and medical expenses.”

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