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IRS Provides Guidance on Deductibility and Preventative Care Qualification for Certain Medical Expenses

November 05, 2024

The IRS recently released two notices that address certain medical expenses under Code Sections 213(d) and 223(c)(2)(C).

In Notice 2024-71, the IRS confirmed that amounts paid for condoms will be treated as deductible amounts paid for medical care under Code Section 213(d). Notice 2024-71 is available here

In Notice 2024-75, the IRS expanded the list of preventative care benefits permitted to be provided by a high deductible health plan (“HDHP”) under Code Section 223(c)(2)(C) without a deductible, or with a deductible below the applicable minimum deductible for the HDHP, to include the following:

  • Over-the-counter oral contraceptives (including emergency contraceptives);
  • Male condoms;
  • Breast cancer screenings;
  • Continuous glucose monitors; and
  • Selected insulin products described in Code Section 223(c)(2)(G). 

Notice 2024-75 is available here

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