Senate Finance Committee Ranking Member Orrin Hatch, R-Utah, and Sen. Marco Rubio, R-Fla., introduced legislation on Thursday to expand and strengthen health savings accounts and flexible spending accounts.

The bill, The Family and Retirement Health Investment Act of 2013, is similar to companion legislation that was introduced in the House by Rep. Erik Paulsen, R-Minn.

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Sen. Orrin Hatch, R-Utah (Photo: AP)Hatch, whose committee has jurisdiction over health care policy, said in announcing the bill that "Congress created health savings accounts and flexible spending accounts to help Americans pay for health care. Over the years, these plans have grown in popularity and it's well past time Congress act to improve them."

According to Hatch and Rubio, their bill:

  • Allows a husband and wife to make catch-up contributions to the same HSA;
  • Removes "onerous" new restrictions on the use of HSA and FSA dollars for the purchase of over-the-counter drugs;
  • Clarifies the use of prescription drugs as preventive care that will not be subject to an HSA-eligible plan deductible;
  • Reauthorizes the use of Medicaid health opportunity accounts;
  • Expands the definition of qualified medical expenses to encourage more exercise and better nutrition;
  • Allows seniors enrolled in Medicare Part A to continue contributing to their HSAs; and
  • Allows for the purchase of low-premium health insurance and long-term care insurance with HSA dollars.

The bill is "smart policy to increase access to quality and affordable health care for consumers at an affordable price," Hatch said.

The senators cited recent findings by Pricewaterhouse Coopers (PwC) Health Research Institute that health care costs are expected to rise 7.5 percent this year. HSAs and FSAs allow individuals to save for medical costs through tax-deductible contributions.

"When Congress first made HSAs available, these plans only covered 454,000 lives," the senators said. "Today, 13.5 million people are covered under a health plan that is eligible for an HSA."

Sen. Marco Rubio, R-Fla. (Photo: AP)

"Our health care system is too expensive," added Rubio, "and Americans need smart, patient-centered policies now more than ever. Providing families and seniors with more high-quality, yet affordable health care options will empower them to make better decisions about their own health care."

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Melanie Waddell

Melanie is senior editor and Washington bureau chief of ThinkAdvisor. Her ThinkAdvisor coverage zeros in on how politics, policy, legislation and regulations affect the investment advisory space. Melanie’s coverage has been cited in various lawmakers’ reports, letters and bills, and in the Labor Department’s fiduciary rule in 2024. In 2019, Melanie received an Honorable Mention, Range of Work by a Single Author award from @Folio. Melanie joined Investment Advisor magazine as New York bureau chief in 2000. She has been a columnist since 2002. She started her career in Washington in 1994, covering financial issues at American Banker. Since 1997, Melanie has been covering investment-related issues, holding senior editorial positions at American Banker publications in both Washington and New York. Briefly, she was content chief for Internet Capital Group’s EFinancialWorld in New York and wrote freelance articles for Institutional Investor. Melanie holds a bachelor’s degree in English from Towson University. She interned at The Baltimore Sun and its suburban edition.