HR1219-119

1. Short title This Act may be cited as the Oral Health Products Inclusion Act.

2. Inclusion of certain over-the-counter medical products as qualified medical expenses Section 223(d)(2) of the Internal Revenue Code of 1986 is amended— in subparagraph (A), by inserting , toothbrushes (manual or electric), water flossers, or oral healthcare products after amounts paid for menstrual care products, and by adding at the end the following new subparagraph: For purposes of this paragraph, the term oral healthcare product means an over-the-counter anticaries drug product or antiplaque or antigingivitis over-the-counter drug product suitable for topical administration to the teeth or gums that is generally recognized as safe and effective under section 505G of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355f). Section 220(d)(2)(A) of such Code is amended by inserting , toothbrushes (manual or electric), water flossers, or oral healthcare products (as defined in section 223(d)(2)(E)) after amounts paid for menstrual care products (as defined in section 223(d)(2)(D)). Section 106 of such Code is amended by adding at the end the following new subsection: For purposes of this section and section 105, expenses incurred for toothbrushes (manual or electric), water flossers, and oral healthcare products (as defined in section 223(d)(2)(E)) shall be treated as incurred for medical care. The amendments made by this section shall apply to expenses incurred after the date of the enactment of this Act. (E)Oral healthcare productFor purposes of this paragraph, the term oral healthcare product means an over-the-counter anticaries drug product or antiplaque or antigingivitis over-the-counter drug product suitable for topical administration to the teeth or gums that is generally recognized as safe and effective under section 505G of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355f).. (h)Reimbursement for toothbrushes, water flossers, and oral healthcare productsFor purposes of this section and section 105, expenses incurred for toothbrushes (manual or electric), water flossers, and oral healthcare products (as defined in section 223(d)(2)(E)) shall be treated as incurred for medical care..