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Tampons, Tylenol, more are FSA, HSA eligible under CARES Act

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Tampons have finally been deemed as essential as NyQuil when it comes to tax reimbursements.

Inside the Coronavirus Aid, Relief, and Economic Security Act that passed late last month — which includes a one-time stimulus check for $1,200 for individuals making less than $75,000 — is a new provision for the tens of millions of Americans who use the tax-beneficial programs of a health savings account (HSA), a flexible spending account (FSA) or health reimbursement arrangements (HRAs).

Section 3702 reads “menstrual care products shall be treated as paid for medical care.” The products are defined in the act as “a tampon, pad, liner, cup, sponge, or similar product used by individuals with respect to menstruation or other genital-tract secretions.”

Advocates for women’s rights worked “for a lot of years to be able to add that to the list of reimbursable expenses — so now it officially has been added,” Jennifer Berman, a lawyer and CEO of MZQ Consulting, told NPR.

While the inclusion of menstrual products is new, Berman notes that another added provision — the inclusion of over-the-counter drugs like pain relievers — actually reinstates a former tax break that was removed by the Affordable Care Act.

“At the end of the year, you’d go and stock up on Band-Aids and Tylenol — that ability got repealed by the [Affordable Care Act],” she tells NPR. “The CARES Act actually reinstates that provision.”

More good news for those with HSA and FSA accounts: These inclusions are retroactive from Jan. 1, 2020, so you can file claims from purchases made on newly eligible items since that date.

The CARES Act also issues an overhaul to how the FDA monitors over-the-counter drugs.

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Sebrina Pilcher

Update: 2024-05-03