PolicyBrief
H.R. 8933
119th CongressMay 20th 2026
Dietary Supplements Access Act
IN COMMITTEE

This Act allows for the use of tax-advantaged health savings accounts, FSAs, and HRAs to purchase dietary supplements up to a $\$500$ annual limit.

Darin LaHood
R

Darin LaHood

Representative

IL-16

LEGISLATION

New Bill Unlocks $500 in HSA/FSA Funds for Dietary Supplements Starting in 2026

The Dietary Supplements Access Act shifts how we can spend our tax-advantaged health dollars by officially adding dietary supplements to the list of qualified medical expenses. Starting January 1, 2026, this bill would allow you to use money from your Health Savings Account (HSA), Flexible Spending Arrangement (FSA), Archer MSA, or Health Reimbursement Arrangement (HRA) to pay for vitamins and minerals. The catch is a hard cap: you can only spend up to $500 per taxable year on these products using these specific accounts. It essentially treats your daily multivitamin or fish oil like a prescription or a bottle of aspirin, giving you a bit more flexibility with your pre-tax earnings.

The Supplement Stipulations

To make this work, the bill updates Section 223 and Section 106 of the Internal Revenue Code. It uses the legal definition of 'dietary supplement' from the Federal Food, Drug, and Cosmetic Act, which generally covers products intended to supplement the diet that contain vitamins, minerals, herbs, or amino acids. However, the bill draws a very firm line in the sand regarding what you can’t buy: energy drinks, soft drinks, and sodas are strictly excluded. So, while a bottle of Vitamin D is in, a caffeinated energy drink marketed with 'added vitamins' won't fly at the pharmacy counter. This clarity helps avoid the 'vague authority' trap, though it might lead to some confusion at the checkout line if a product's labeling sits in a gray area between a supplement and a beverage.

More Flex in Your Flexible Spending

For the average person, this is a practical win for the wallet. Imagine a marathon runner who spends $40 a month on joint supplements and electrolytes, or a parent buying prenatal vitamins; under current rules, those are often out-of-pocket costs unless a doctor writes a specific 'letter of medical necessity.' This bill removes that red tape for the first $500 of annual spending. It’s a straightforward way to lower the effective cost of wellness routines by using pre-tax dollars. However, because that $500 limit is shared with your other medical needs, you'll have to be strategic. If you burn through your HSA balance on expensive probiotics in February, you might find yourself short on funds if you have a high-deductible emergency later in the year.

Implementation and the Fine Print

While the bill is clear, the rollout involves some behind-the-scenes heavy lifting. Health insurance providers and HSA administrators will need to update their internal systems to recognize these new merchant category codes by the 2026 deadline. There is also a small risk of 'supplement creep,' where aggressive marketing might nudge people to spend their limited health savings on trendy, non-essential supplements instead of saving for more traditional medical costs like dental work or co-pays. Because the bill doesn't require a doctor's note for these purchases, the responsibility falls entirely on you to decide if that $500 is better spent on a bottle of zinc or saved for a rainy day at the urgent care clinic.