The "Direct Medical Care Freedom Act of 2025" clarifies that direct medical care agreements are not health plans, allows fees paid for these agreements to be considered medical expenses, and requires these fees to be reported on W2 forms when provided through employment.
Chip Roy
Representative
TX-21
The Direct Medical Care Freedom Act of 2025 clarifies that direct medical care arrangements, where individuals pay a fixed periodic fee for medical services from practitioners, are not considered health plans under the Internal Revenue Code. It allows fees paid for these arrangements to be treated as medical expenses and mandates that fees for arrangements provided through employment are reported on employee W2 forms. This applies to primary care, specialty care, or other subsets of medical services, and will take effect for months beginning after December 31, 2024.
The Direct Medical Care Freedom Act of 2025 basically sets up a new way to pay for healthcare, cutting out the insurance middleman for some services. The bill, effective for months starting after December 31, 2024, lets you pay a flat monthly fee directly to your doctor, nurse practitioner, or other qualified practitioner for a defined set of services. Think of it like a subscription service, but for your health.
This bill changes how these "direct medical care service arrangements" are treated under the tax code. Instead of being classified as a health plan, these arrangements—where you pay a fixed fee for access to specific medical care—are now officially not considered insurance. Crucially, the fees you pay are treated as medical expenses, which could mean a tax deduction, depending on your situation (Section 2). This applies whether it's for primary care, specialty care, or another defined set of medical services.
So, how does this play out? Imagine a local bakery owner, Sarah, who has a chronic condition requiring regular check-ups. Instead of navigating insurance co-pays and networks, she could pay a monthly fee directly to her doctor for those visits. This fee is now considered a medical expense, potentially lowering her tax bill. Or picture a construction worker, Mike, who needs occasional checkups. He might opt for a direct care arrangement for basic primary care, offering predictable costs without the complexity of traditional insurance.
If you get this kind of arrangement through your job, the fees you pay will show up on your W2 form (Section 2). This is important for tax purposes, making it clear what you've spent on direct medical care. The bill defines "medical care practitioner" pretty broadly, including physicians, nurse practitioners, clinical nurse specialists, and physician assistants (Section 2). It also uses the existing definition of "medical care" from section 213(d) of the tax code, so there's no radical redefinition of what counts as healthcare.
One potential challenge? Making sure people don't try to sneak non-medical expenses under this new arrangement. Also, there's the risk of some providers offering subpar care while capitalizing on the "direct care" label. Quality control will be something to watch. The bill also fits into the bigger picture of healthcare reform, potentially offering an alternative to traditional insurance models, but it doesn't replace existing insurance options.