Financial Harsdship allowed for "alternative care"?

[Guest bmurphy]

I realize that the hardship rules for 403b's follow those in place for 401k's. If someone wishes to claim hardship for unreimbursed medical expenses does it matter what type of medical care they receive? The definition in Code Section 213(d) does not really specify. Someone has questioned whether the hardship would be allowed for "alternative" care or therapy, which may or may not be covered by medical insurance.

[Harwood]

The 401(k) Deemed hardship distribution standards say a physician is defined in section 1861® of the Social Security Act.

Is the treatment being given by a "physician"?

http://www.ssa.gov/OP_Home/ssact/title18/1861.htm

[Guest bmurphy]

Thanks for the info - I printed off the definition of physician & passed it along to my client. Told them that as long as the person providing care met the definition the hardship should be allowed.