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Oral Health Products Inclusion Act

3/12/2025, 11:23 AM

Summary of Bill HR 1219

Bill 119 HR 1219, also known as the Over-the-Counter Oral Healthcare Products Act, aims to amend the Internal Revenue Code of 1986 to allow over-the-counter oral healthcare products to be considered qualified medical expenses that can be purchased with funds from Health Savings Accounts (HSAs) and Flexible Spending Accounts (FSAs).

Currently, HSAs and FSAs can only be used to purchase certain medical expenses that are deemed necessary for the treatment or prevention of a specific medical condition. This bill seeks to expand the list of qualified medical expenses to include over-the-counter oral healthcare products such as toothpaste, mouthwash, and dental floss.

By allowing individuals to use their HSA and FSA funds to purchase these oral healthcare products, the bill aims to promote better oral health and hygiene among Americans. This could potentially lead to a decrease in dental problems and related healthcare costs in the long run. Overall, Bill 119 HR 1219 is a bipartisan effort to improve access to essential oral healthcare products and promote better oral health outcomes for individuals across the country.

Congressional Summary of HR 1219

Oral Health Products Inclusion Act

This bill allows individuals to use funds in a flexible spending arrangement (FSA), health reimbursement arrangement (HRA), health savings account (HSA), or Archer medical savings account (Archer MSA) to pay for toothbrushes (manual or electric), water flossers, and oral health products.

Under current law, reimbursements from an FSA or HRA and tax-free distributions from an HSA or Archer MSA may be used to pay for the qualified medical expenses. Reimbursements from an FSA or HRA for nonmedical expenses generally are not allowed and distributions from an HSA or Archer MSA for nonmedical expenses generally are taxed as income and may be subject to an additional penalty.

Under the bill, the definition of qualified medical expenses is expanded to include toothbrushes (manual or electric), water flossers, and oral health products.

The bill defines an oral health product as an over-the-counter product that is (1) used for preventing or treating dental cavities, plaque, or gingivitis; (2) suitable for topical administration to the teeth or gums; and (3) generally recognized as safe and effective. 

Current Status of Bill HR 1219

Bill HR 1219 is currently in the status of Bill Introduced since February 11, 2025. Bill HR 1219 was introduced during Congress 119 and was introduced to the House on February 11, 2025.  Bill HR 1219's most recent activity was Referred to the House Committee on Ways and Means. as of February 11, 2025

Bipartisan Support of Bill HR 1219

Total Number of Sponsors
2
Democrat Sponsors
0
Republican Sponsors
2
Unaffiliated Sponsors
0
Total Number of Cosponsors
3
Democrat Cosponsors
2
Republican Cosponsors
1
Unaffiliated Cosponsors
0

Policy Area and Potential Impact of Bill HR 1219

Primary Policy Focus

Alternate Title(s) of Bill HR 1219

To amend the Internal Revenue Code of 1986 to include over-the-counter oral healthcare products as qualified medical expenses which can be purchased with HSA and FSA funds.
To amend the Internal Revenue Code of 1986 to include over-the-counter oral healthcare products as qualified medical expenses which can be purchased with HSA and FSA funds.

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