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Notice 2002-45 is clear in saying that HRAs can't be used to reimburse expenses for qualified long-term care services, but can it be used to reimburse employees for premiums for long-term care insurance?

Posted

No. 2002-45 states that an HRA may be considered an FSA.

A health FSA is defined in 106©(2) and 1.125-2, Q&A-7© as a "benefit program that provides employees with coverage under which specified, incurred expenses may be reimbursed (subject to reimbursement maximums and other reasonable conditions) and under which the maximum amount of reimbursement that is reasonably available to a participant for a period of coverage is less than 500 percent of the value of such coverage."

Under this definition most HRA's would be considered FSA's, and thus not capable of reimbursing LTC premiums.

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