Direct Primary Care Legislation Passes Congress

Direct Primary Care Legislation Passes Congress

Updated October 31, 2018

Thank you Congressman Tom Cole

The U.S. House of Representatives passed HR 6199 the Restoring Access to Medication and Modernizing Health Savings Accounts Act of 2018 on July 25 by a vote of 277-142. View votes

Our Congressman Tom Cole joined a bipartisan majority to fix an IRS problem that has prevented Oklahomans from using their health savings accounts (HSAs) to pay membership dues at MainSt. Clinic and other direct primary care (DPC) clinics across Oklahoma and the U.S.

The IRS has ruled that direct primary care (DPC) clinic membership is a “separate health plan.” Under this IRS rule, taxpayers are prevented from spending their own HSA money on membership at MainStreet Clinic or any DPC clinic – or even belonging to a DPC clinic if they are currently contributing to an HSA. Congressional action is required to fix this and overrule the IRS.

Thanks also to our Washington lobbyist Jay Keese at Capitol Advocates for his hard work over the past five years to make this happen. But we’re not finished!

Next Step: On To The Senate

What can you do?

1. Call or write Congressman Tom Cole to thank him for his leadership on this matter. Tom Cole just happens to be the Chairman of the House Appropriations Subcommittee on Labor, Health and Human Services, Education and Related Agencies. Mr. Cole’s subcommittee has a voice in shaping health care policy and he is an important leader in Congress. Ask Mr. Cole to use his leverage to pass future legislation to permanently fix this problem (see #3 below). 

2. Contact Senators Jim Inhofe and James Lankford to request they do the same: support the Restoring Access to Medication and Modernizing Health Savings Accounts Act of 2018 in the Senate and co-sponsor the Primary Care Enhancement Act, SB 1358, with Sen. Bill Cassidy (R-LA).

3. Ask Rep. Cole and Sens. Inhofe and Lankford to support future legislation to permanently fix this problem by making direct primary care (DPC) clinic membership fees normal, qualified medical expenses under Section 213(d) of the U.S. Tax Code, like other doctor’s fees already are!

Yes, this sounds confusing because it is.

What this means is that when the cost of belonging to MainSt. Clinic is considered a “qualified medical expense” by the IRS, and no longer a “separate health plan,” then your membership fees will be tax-deductible and all the problems of paying for membership with health reimbursement accounts (HRAs) or flex spending accounts (FSAs) will be eliminated!

Contact Congress:

Rep. Tom Cole

2467 Rayburn HOB
Washington, DC 20515
Phone: (202) 225-6165

Sen. Jim Inhofe


205 Russell Senate Office Building
Washington, DC 20510
Phone: (202) 224-4721

Sen. James Lankford


316 Hart Senate Office Building
Washington, D.C. 20510
Phone: (202) 224-5754

Posted in: Community Health Policy, Direct Primary Care, News

Leave a Comment (0) ↓