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Is Embryo Storage reimbursable under a medical FSA?


Guest scm

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Is the annual fee for Embryo Cryopreservation (Storage/Freezing of Embryos) a reimbursed expense under a medical FSA? We have told the employee that the storage process cannot be reimbursed, however the actual surgery/procedure could be. The employee is arguing that this is a medical process and, therefore, it should be reimbursed.

Thank you.

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WOULD A FROZEN EMBRYO BE CONSIDERED A DEPENDENT?

I THINK YOU WOULD BE GETTING INTO THE OLD QUESTION OF WHEN LIFE STARTS. HEAVY STUFF....

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What would you say if this same employee was scheduled for surgery and his surgeon estimated that he would need 4 pints of blood for use in transfusion. The employee, however, has a blood problem or rejection problem of some sort, so it is decided that the employee would pre-donate his own blood and have it processed and stored for future use.

Personally, I dont see any difference, unless the employee wanted to store the embryo for "cosmetic" reasons and not medical reasons.

If the embryo storage is in any way related to a fertility problem, it most likely would be deemed a medical problem. If your plan does not explicitly exclude fertility (infertility) I strongly suggest that you get experienced legal advice with supporting case law before you decline this case.

George D. Burns

Cost Reduction Strategies

Burns and Associates, Inc

www.costreductionstrategies.com(under construction)

www.employeebenefitsstrategies.com(under construction)

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