Egg Recipient Fees: FSA Eligibility

Egg Recipient Fees: requires a Letter of Medical Necessity (LMN) to be eligible with a Flexible Savings Account (FSA)
Egg recipient fees for the individual, spouse or dependent, including legal, recipient, testing and agency fees, when deemed medically necessary by a doctor who has provided a Letter of Medical Necessity (LMN) are eligible with a flexible spending account (FSA), health savings account (HSA) or a health reimbursement arrangement (HRA). Egg recipient fees are not eligible with a limited-purpose flexible spending account (LPFSA) or a dependent care flexible spending account (DCFSA).

Expenses for an egg recipient who is not a covered spouse or dependent are not eligible.

Information Letter 2005-0102; Tax Court Memo 2008-293; Private Letter Ruling 200318017

What is an egg recipient?

Egg recipients make use of artificial reproduction technologies and procedures. Egg implantation is the procedure of receiving a woman’s harvested eggs (Columbia University Fertility Center). Several expenses are associated with the process of preparing a woman to receive eggs, including legal fees, donor/recipient fees, testing fees, and agency fees. These fees support the entire process, and if deemed medically necessary for the patient in order to conceive by a medical professional, then the fees are reimbursable under a consumer-directed healthcare account.

Agencies typically require patients to apply for egg implantation procedures, and will require payment of fees for legal concerns, pre-procedure tests, administration and agency fees, and so on. These fees are reimbursable under a consumer-directed healthcare account if the patient has obtained a Letter of Medical Necessity (LMN) for egg implantation. The fees may be reimbursed for a patient who is the account holder, spouse, or a dependent.

How do I obtain a Letter of Medical Necessity (LMN) for egg recipient fees?

A Letter of Medical Necessity (LMN) from a doctor to receive eggs for an individual, spouse or dependent is necessary for reimbursement under a consumer-directed healthcare account. This letter must outline how a patient’s reproductive problems related to their medical condition necessitates receiving eggs.