WASHINGTON, D.C. –U.S. Senator Pat Roberts (R-Kan.) and U.S. Senator Mary Landrieu (D-La.) today introduced bipartisan, bicameral legislation that repeals a portion of Obamacare that prohibits people from using their medical savings account funds to buy over-the-counter (OTC) medications. The bill was cosponsored by Senators Jim Inhofe (R-Okla.), Orrin Hatch (R-Utah), Mike Enzi (R-Wyo.) Johnny Isakson (R-Ga.), Mike Johanns (R-Neb.) and Dean Heller (R-Nev.).

 “This prohibition takes away choice and flexibility from individuals about how to manage their health care expenses and adds yet another burden to physicians,” said Roberts. “Rather than promoting cost-effectiveness and accessibility, this provision directs people to potentially more costly, less convenient, and more time-consuming alternatives.”

The legislation, S. 1647, repeals section 9003 of the Patient Protection and Affordable Care Act (PPACA), restoring the ability of those participating in a medical savings account, such as a Flexible Savings Account (FSA), or other similar type of medical savings account, to use the funds to purchase OTC medications.

Under current law, plan participants may no longer use funds from these accounts to purchase OTC medications, unless they have a prescription for the medication.

Nearly 50 million Americans participate in FSAs and other health savings accounts. The accounts allow individuals to set aside their own money each year on a pre-tax basis to pay for health care expenses, such as co-payments, and other health care expenses not covered by insurance, prescriptions or over-the-counter medications.

Companion legislation was introduced in the U.S. House of Representatives by Representatives Lynn Jenkins (R-Kan.) and John Barrow (D-Ga.).

A broad coalition of groups support this legislation, including the Consumer Healthcare Products Association, AARP, American Academy of Family Physicians, American College of Physicians, American Dental Association, America’s Health Insurance Plans, American Osteopathic Association, American Medical Association, American Society of Association Executives, Associated Builders and Contractors, Inc., BlueCross BlueShield Association, Food Marketing Institute, National Association of Chain Drug Stores, National Association of Manufacturers, National Community Pharmacists Association, National Grocers Association, National Federation of Independent Business, Retail Industry Leaders Association, Sjögren’s Syndrome Foundation, and the U.S. Chamber of Commerce.

Senator Roberts is a member of the Health, Education, Labor and Pensions Committee and the Senate Committee on Finance. He is the ranking member of the Senate Finance Committee’s Subcommittee on Health. He is the co-chair of the Senate Rural Health Caucus.

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