Effective January 1, 2011, employees must have a "prescription" to purchase over-the-counter medicines and drugs if they are to be categorized as "medical care" for purposes of the employer health plan and health savings accounts.
Click here to read this concise summary from Alston & Bird and published in Employee Benefit News of the recently released IRS notice which provides clarifications around:
What is a medication or drug?
When is a medicine or drug considered prescribed?
What documentation is required for OTC medications?
What is the effective date?
Do cafeteria and HRA plans need to be amended?
What steps should be taken?