S1944-119

1. Short title This Act may be cited as the Employee Access to Worksite Health Services Act.

2. On-site employee clinics Section 223(c)(1) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: For purposes of subparagraph (A)(ii), an individual shall not be treated as covered under a health plan described in subclauses (I) and (II) of such subparagraph merely because the individual is eligible to receive, or receives, qualified items and services— at a healthcare facility located at a facility owned or leased by the employer of the individual (or of the individual's spouse), or at a healthcare facility operated primarily for the benefit of employees of the employer of the individual (or of the individual's spouse). For purposes of this subparagraph, the term qualified items and services means the following: Physical examination. Immunizations, including injections of antigens provided by employees. Drugs or biologicals other than a prescribed drug (as such term is defined in section 213(d)(3)). Treatment for injuries occurring in the course of employment. Preventive care for chronic conditions (as defined in clause (iv)). Drug testing. Hearing or vision screenings and related services. For purposes of clause (i), all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer. For purposes of this subparagraph, the term preventive care for chronic conditions means any item or service specified in the Appendix of Internal Revenue Service Notice 2019–45 which is prescribed to treat an individual diagnosed with the associated chronic condition specified in such Appendix for the purpose of preventing the exacerbation of such chronic condition or the development of a secondary condition, including any amendment, addition, removal, or other modification made by the Secretary (pursuant to the authority granted to the Secretary under paragraph (2)(C)) to the items or services specified in such Appendix subsequent to the date of publication of such Notice. The amendment made by this section shall apply to months in taxable years beginning after December 31, 2025. (E)Special rule for qualified items and services(i)In generalFor purposes of subparagraph (A)(ii), an individual shall not be treated as covered under a health plan described in subclauses (I) and (II) of such subparagraph merely because the individual is eligible to receive, or receives, qualified items and services—(I)at a healthcare facility located at a facility owned or leased by the employer of the individual (or of the individual's spouse), or(II)at a healthcare facility operated primarily for the benefit of employees of the employer of the individual (or of the individual's spouse).(ii)Qualified items and services definedFor purposes of this subparagraph, the term qualified items and services means the following:(I)Physical examination.(II)Immunizations, including injections of antigens provided by employees.(III)Drugs or biologicals other than a prescribed drug (as such term is defined in section 213(d)(3)).(IV)Treatment for injuries occurring in the course of employment.(V)Preventive care for chronic conditions (as defined in clause (iv)).(VI)Drug testing.(VII)Hearing or vision screenings and related services.(iii)AggregationFor purposes of clause (i), all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer.(iv)Preventive care for chronic conditionsFor purposes of this subparagraph, the term preventive care for chronic conditions means any item or service specified in the Appendix of Internal Revenue Service Notice 2019–45 which is prescribed to treat an individual diagnosed with the associated chronic condition specified in such Appendix for the purpose of preventing the exacerbation of such chronic condition or the development of a secondary condition, including any amendment, addition, removal, or other modification made by the Secretary (pursuant to the authority granted to the Secretary under paragraph (2)(C)) to the items or services specified in such Appendix subsequent to the date of publication of such Notice..