Health Savings and Affordability for Fertility Act
The Health Savings and Affordability for Fertility Act would expand the list of medical expenses that can be paid for with tax-advantaged Health Savings Accounts (HSAs). Specifically, it amends the Internal Revenue Code to include fertility treatments—such as egg/sperm/embryo preservation, various forms of insemination, assisted reproductive technologies (including IVF), fertility medications, and gamete donation—as eligible medical expenses for HSA purposes. The changes apply to amounts paid or incurred after the law is enacted. The bill also clarifies that pre-enactment expenses are not affected by the new definition, and that fertility expenses not described in the new provision could continue to be treated as medical expenses if they were already eligible. In plain terms, the bill would allow people with HSAs to use tax-advantaged funds to pay for a broader range of fertility-related services and costs, potentially improving affordability and access to fertility care.
Key Points
- 1Expands HSA eligibility: Fertility treatments become treated as medical expenses for the purposes of tax-free HSA payments.
- 2Specific inclusions defined: The bill defines fertility treatment to include preservation (and long-term storage) of oocytes, sperm, or embryos; artificial insemination; assisted reproductive technology (including IVF); fertility medications; and gamete donation-related costs.
- 3Effective date: The changes apply to amounts paid or incurred after the enactment date.
- 4Protections for prior periods: The bill states it should not be interpreted to create inferences about amounts paid before enactment, and it does not necessarily limit continued treatment of pre-existing fertility expenses that were not described in the new category.
- 5Scope of definition: The definition covers both direct medical procedures and related costs (such as donor material and related procurement expenses).