Unlike the pharmaceutical space, there is far less regulation and guidance around how you market HSA/FSA eligibility. That said, the IRS has put out an alert recently around concerns that brands may be misleading consumers into thinking items are eligible when they in fact are not – or only are eligible for consumers who meet specific criteria.

How you message HSA/FSA eligibility will depend on the type of eligibility your products fall into. If you aren’t sure which category your business falls into or you sit across both categories, reach out to support@withflex.com for further guidance.

1

Always eligible

Always eligible products are either listed on the SIGIS Eligible Product List or are substantially similar to an existing product on the list. Products like eyeglasses, sunscreen, feminine hygiene, OTC medications, medical devices etc. tend to fall into this category.

2

Dual use

Dual use products are items that can be used for a medical purpose but could also be used for general health and wellness purposes. Products (or services) that are dual use are things like exercise programs or equipment, orthopedic footwear, certain types of apparel etc. In order for dual use products to qualify for HSA/FSA, consumers must have a Letter of Medical Necessity confirming that the item is to be used to treat or manage an existing disease or condition.

If your products are “always eligible,” you’re not at risk of misleading consumers and you should feel free to use “HSA/FSA eligible” language in all of your marketing materials. One caveat is that if you have a large set of inventory with only a subset of SKUs that are HSA/FSA eligible, be sure that messaging is focused around those products specifically.

If your products are “dual use,” you want to be more careful in your messaging. The key is to communicate that only qualifying consumers will be able to use their HSA/FSA. Use of their HSA/FSA is not a guarantee as the decision around who qualifies is a clinical one. (As a reminder, Flex provides a telehealth consult for consumers to determine eligibility.)

A few examples are listed below but if you fall into the “dual use” category, you’ll also want to consider including a landing page that provides more detailed information or at minimum, adding a few questions to your FAQ to act as a resource for consumers.

  • HSA/FSA eligible for qualifying customers
  • Qualifying customers may use HSA/FSA funds
  • May qualify for HSA/FSA
  • Find out if you qualify to use your HSA/FSA
  • For headlines, you could also use HSA/FSA Eligible** with the asterisk linking to a footer with more detailed information.