Why
The CARES Act added menstrual care products to the HSA rules for amounts paid after December 31, 2019. The law defines them as a tampon, pad, liner, cup, sponge or similar product.
You don't need a prescription or a diagnosis. Publication 969 says these amounts are treated as paid for medical care.
Period underwear isn't named in the law. It's a reasonable fit for "similar product", but the IRS hasn't said so.
What to keep
- An itemized receipt naming the product.
Watch out for
- On a mixed grocery or drugstore receipt, only the eligible lines count. Mark which ones they are.
If you plan to reimburse yourself later
IRS Notice 2004-50, Q&A 39, sets no deadline, as long as the expense came after your HSA was established and your records show it wasn't paid by another source or deducted on a tax return. See what records the IRS expects and how long to keep them.
