Congressional Legislation · bill 119hr1219 · built from our database

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Oral Health Products Inclusion Act

H.R. 1219 · 119th Congress (2025-2026)

H.R. 1219119TH CONGRESSINTRODUCED 02/11/2025REP. VAN DREWR-NJ · SPONSORLeft: no (Sponsor Ranking)Lean left: no (Sponsor Ranking)Center: no (Sponsor Ranking)Lean right: DW-NOMINATE +0.38 (Sponsor Ranking)Right: no (Sponsor Ranking)LEAN RIGHT(SPONSOR RANKING)TAXATION

8 members · Left 1 · Center 2 · Right 5 (Bill Ranking)

SponsorRep. Van Drew, Jefferson (R-NJ) (Introduced 02/11/2025)
Sponsor Voting RecordLean right · DW-NOMINATE +0.38 · measured from every roll-call vote this member has cast (voteview.com) (Sponsor Ranking)
Support
LLLCLRR

support across the spectrum: 8 members signed on (Bill Ranking) this bill: sponsor + current cosponsors, each once

CommitteesHouse - Ways and Means Committee
Latest Action02/11/2025 Referred to the House Committee on Ways and Means.
Roll Call VotesThere have been no roll call votes
Sourceview on congress.gov →
IntroducedPassed HousePassed SenateResolving DifferencesTo PresidentBecame Law

Summary (1)

Introduced in House (02/11/2025)

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. 

Text (1)

Introduced in House (IH)

119 HR 1219 IH: Oral Health Products Inclusion Act U.S. House of Representatives 2025-02-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. I119th CONGRESS1st SessionH. R. 1219IN THE HOUSE OF REPRESENTATIVESFebruary 11, 2025Mr. Van Drew (for himself, Mr. Schneider, Ms. Malliotakis, and Mr. Panetta) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo 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.

1.Short titleThis Act may be cited as the Oral Health Products Inclusion Act.

2.Inclusion of certain over-the-counter medical products as qualified medical expenses (a)HSAsSection 223(d)(2) of the Internal Revenue Code of 1986 is amended— (1)in subparagraph (A), by inserting , toothbrushes (manual or electric), water flossers, or oral healthcare products after amounts paid for menstrual care products, and (2)by adding at the end the following new subparagraph: (E)Oral healthcare productFor purposes of this paragraph, the term oral healthcare product means an over-the-counter anticaries drug product or antiplaque or antigingivitis over-the-counter drug product suitable for topical administration to the teeth or gums that is generally recognized as safe and effective under section 505G of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355f).. (b)Archer MSAsSection 220(d)(2)(A) of such Code is amended by inserting , toothbrushes (manual or electric), water flossers, or oral healthcare products (as defined in section 223(d)(2)(E)) after amounts paid for menstrual care products (as defined in section 223(d)(2)(D)). (c)Health flexible spending arrangements and health reimbursement arrangementsSection 106 of such Code is amended by adding at the end the following new subsection: (h)Reimbursement for toothbrushes, water flossers, and oral healthcare productsFor purposes of this section and section 105, expenses incurred for toothbrushes (manual or electric), water flossers, and oral healthcare products (as defined in section 223(d)(2)(E)) shall be treated as incurred for medical care.. (d)Effective dateThe amendments made by this section shall apply to expenses incurred after the date of the enactment of this Act.

The bill's own words, from our database (synced from the GPO BILLS XML); paragraph breaks added at the bill's section boundaries, nothing else changed.

All Actions (3)

DateChamberAll Actions
02/11/2025Library of CongressIntroduced in House
02/11/2025Library of CongressIntroduced in House
02/11/2025House floor actionsReferred to the House Committee on Ways and Means.

Titles (3)

Title TypeTitle
Display TitleOral Health Products Inclusion Act
Short Title(s) as IntroducedOral Health Products Inclusion Act
Official Title as IntroducedTo 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.

Amendments (0)

There are no amendments to this bill.

Cosponsors (7)

* = Original cosponsor

Committees (1)

CommitteeActivity
House - Ways and Means Committee02/11/2025 Referred To

Related Bills (0)

No related bill information was received for H.R. 1219.

Subjects (0)

Policy Area: Taxation

No legislative subjects have been assigned yet.

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