[UCRDBR] Dobbs Decision - Roe vs. Wade: Impact on HSA/FSA

[Departmental Benefits Representatives]

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July 13, 2022


To:
Department Benefit Representatives
From:
HR Benefits Office on behalf of the UC Office of the President
Re:
Dobbs Decision - Roe vs. Wade: Impact on HSA/FSA




On June 24, 2022, the Supreme Court overturned Roe v. Wade (the decision that established a right to an abortion), after nearly 50 years.  You may be wondering how this affects abortion as an eligible expense under the Health Savings Account (HSA) and the Health Flexible Spending Account (FSA).  For your reference, here is an FAQ prepared by HealthEquity to answer some of the basic questions regarding the impact of this decision on the HSA and the FSA.  In short, there is no effect or change in the way abortion is treated as a qualified medical expense.



*       For HSA-related questions, call or e-mail HealthEquity any time at 1-866-212-4729 or memberservices at healthequity.com<mailto:memberservices at healthequity.com>.



*       For Health FSA-related questions, contact WEX Health at 1-844-561-1338.



Impact of the Dobbs Decision - Roe vs. Wade on the HSA/FSA



What does the Supreme Court decision entail?

On June 24, 2022, the Supreme Court overruled the 1973 Roe vs. Wade decision that established a right to an abortion.  The decision eliminates the constitutional right to an abortion.  Previously, the right to an abortion was tied to the 14th Amendment provisions that protect individual liberty from state interference without due process of law.



What does the decision mean for abortions?

The decision by the Supreme Court does not define abortion as legal or illegal from a federal perspective. It removes the decision from the Federal government to individual state governments.



Who will decide if abortions will be allowed?

The decision by the Supreme Court shifts the decision of legality to the states.  Each individual state will decide if abortions will be legal or if they will become illegal.



Will abortions still be considered qualified medical expenses?

An abortion is still considered a qualified medical expense.  The decision concerning Roe v. Wade does not affect the status of eligible expense at this point.



Can I use my HSA/FSA to pay for an abortion procedure?

Since abortion is still considered a qualified medical expense, funds from an HSA/FSA can be used to reimburse any qualified medical expense.  The Flexible Spending Accounts will still require the standard substantiation documentation.



Can I use my HSA/FSA to cover travel related expenses tied to an abortion?

The IRS allows for a medical mileage reimbursement tied to any medical related procedure, including abortion. The IRS also allows for lodging reimbursement tied to any medical related procedure, up to a certain amount.



What is the travel related expense reimbursement rate?

The IRS allows medical mileage to be reimbursed at the rate of $0.22 per mile.  The IRS allows for lodging reimbursement of up to $50 per day per person.  An additional $50 per day can be reimbursed if there is a need for another person to accompany for the medical procedures.



Can I still use my HSA/FSA to pay for Plan B and other similar birth control?

The decision by the Supreme Court does not affect the status or availability of Plan B or other contraception.  These items continue to remain a qualified medical expense. Funds from an HSA/FSA can still be used to pay for all qualified medical expenses.

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