Over the Counter Drugs and Date of Service

[Guest Darla K]

I know this has probably been asked, but I was wondering can an employee be reimbursed for over the counter medications prior to the ruling made? I have a claim that I got for a date of service for 4/26/03 and was wondering if it was eligible for reimbursement since it was prior to the IRS ruling of over the counter medications.

[Guest JerseyGirl]

If 4/26 was within the plan year, and the plan documents don't specifically exclude OTC meds, yes it is. Many plans have traditionally listed OTC among the things that are ineligible, and in those cases a plan amendmant was required.

[Kirk Maldonado]

Expanding a bit upon what JerseyGirl said, if there was a plan amendment, it is important to see what was the effective date of the change.