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Referenced Laws
section 223(f)
Section 1
1. Short title This Act may be cited as the Freedom for Families Act.
Section 2
2. Distributions from health savings accounts during periods of qualified caregiving Paragraphs (1) and (2) of section 223(f) of the Internal Revenue Code of 1986 are amended to read as follows: Any amount paid or distributed out of a health savings account shall not be includible in gross income if it is— used exclusively to pay qualified medical expenses of any account beneficiary, or paid or distributed during a period of qualified caregiving. Any amount paid or distributed out of a health savings account shall be included in the gross income of the account beneficiary if it is not described in paragraph (1). Section 223(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: For purposes of this section, the term period of qualified caregiving means any period during which an individual is on leave or not employed by reason of a situation described in subparagraphs (A) through (E) of section 102(a)(1) of the Family and Medical Leave Act of 1993. Section 223(d)(1) of such Code is amended by inserting or the expenses incurred during a period of qualified caregiving of the account beneficiary after paying the qualified medical expenses of the account beneficiary. Section 223(f)(4) of such Code is amended in the heading by striking distributions not used for qualified medical expenses and inserting certain distributions. The amendments made by this section shall apply with respect to taxable years beginning after the date of the enactment of this Act. (1)Exclusion of amounts used for qualified medical expenses or distributed during periods of qualified caregivingAny amount paid or distributed out of a health savings account shall not be includible in gross income if it is—(A)used exclusively to pay qualified medical expenses of any account beneficiary, or(B)paid or distributed during a period of qualified caregiving.(2)Inclusion of amounts neither used for qualified medical expenses nor distributed during periods of qualified caregivingAny amount paid or distributed out of a health savings account shall be included in the gross income of the account beneficiary if it is not described in paragraph (1).. (9)Period of qualified caregivingFor purposes of this section, the term period of qualified caregiving means any period during which an individual is on leave or not employed by reason of a situation described in subparagraphs (A) through (E) of section 102(a)(1) of the Family and Medical Leave Act of 1993..
Section 3
3. No high deductible health plan required for health savings accounts Section 223(a) of the Internal Revenue Code of 1986 is amended by striking who is an eligible individual for any month during the taxable year. Section 223(b) of such Code is amended by striking paragraphs (7) and (8). Section 223 of such Code is amended by striking subsection (c). Section 223(b)(1) of the Internal Revenue Code of 1986 is amended by striking the sum of the monthly and all that follows through eligible individual and inserting $9,000 (twice such amount in the case of a joint return). Section 223(b) of such Code is amended by striking paragraphs (2), (3), and (5) and by redesignating paragraphs (4) and (6) as paragraphs (2) and (3), respectively. Section 223(b)(2) of such Code (as redesignated by subparagraph (A)) is amended by striking the last sentence. Section 223(d)(1)(A)(ii) is amended by striking the sum of and all that follows through the period at the end and inserting the dollar amount in effect under subsection (b)(1).. Section 223(g)(1) of such Code is amended— by striking Each dollar amount in subsections (b)(2) and (c)(2)(A) and inserting The dollar amount in subsection (b)(1); by striking thereof and all that follows through calendar year 2003. and inserting calendar year 1997.; and by striking under subsections (b)(2) and (c)(2)(A) and inserting under subsection (b)(1). The amendments made by this section shall apply with respect to months in taxable years beginning after the date of the enactment of this Act.