H.R. 3091: HSA for Fertility Act

This legislation, known as the Health Savings and Affordability for Fertility Act (or HSA for Fertility Act), proposes changes to the Internal Revenue Code of 1986 concerning health savings accounts (HSAs) and fertility treatments. The primary objectives of the bill are as follows:

1. Inclusion of Fertility Treatments as Medical Expenses

The bill aims to amend Section 223 of the Internal Revenue Code so that fertility treatments are recognized as qualified medical expenses for health savings accounts. This means that individuals can use funds from their HSAs to pay for fertility-related medical expenses without tax penalties.

The specific types of fertility treatments this bill would include are:

• Preservation (including long-term storage) of human oocytes, sperm, or embryos for later reproductive use.
• Artificial insemination, which includes methods such as intravaginal insemination, intracervical insemination, and intrauterine insemination.
• Assisted reproductive technology, which encompasses procedures like in vitro fertilization and other methods involving reproductive genetic material when clinically appropriate.
• Medications prescribed specifically for fertility purposes.
• Gamete donation, covering reimbursements to donors as well as the costs associated with procuring this material.

2. Effective Date

The provisions of this bill would take effect for amounts paid or incurred after the date of its enactment. This means that any expenses incurred for fertility treatments before the law is passed would not be eligible for the HSA tax benefits.

3. Clarifications and Limitations

The bill clarifies that the newly added provisions will not create any implications for expenses incurred prior to the enactment date. Additionally, it ensures that expenses related to fertility not specifically described in the new amendments may still be considered qualified medical expenses under the existing regulations.

Relevant Companies

• ILMN - Illumina, Inc. (biotechnology company involved in genetic sequencing and fertility treatments).
• COHR - Coherus BioSciences, Inc. (biopharmaceutical company that could be affected by increased demand for fertility medications).
• MDLZ - Mondelez International, Inc. (may see indirect effects on consumer spending patterns related to healthcare).