H.R. 6199House115th Congress (2017-2019)Passed House

Restoring Access to Medication and Modernizing Health Savings Accounts Act of 2018

Introduced June 22, 2018

AI-Generated Summary

Updated April 15, 2026 at 10:37 PM UTC

The Restoring Access to Medication and Modernizing Health Savings Accounts Act of 2018 updates tax rules for health savings accounts, flexible spending accounts, and high‑deductible health plans. It expands what counts as a qualified medical expense, adds new flexibility for plan design, and clarifies treatment of certain care arrangements. The changes affect individuals with HSAs, FSAs, HRAs, and employers offering health‑related benefits.

Key Provisions

  • Allows high‑deductible health plans to provide up to $250 (or $500 for families) of first‑dollar coverage for non‑preventive services without losing HDHP status.
  • Defines direct primary care service arrangements as not health plans, lets their fees be treated as medical expenses, and caps fees at $150 per month ($300 for families).
  • Specifies that certain employer‑provided services—like physical exams, immunizations, non‑prescribed drugs, injury treatment, drug testing, and vision/hearing screens—do not count as disqualifying coverage for HSAs.
  • Permits HSA contributions when a spouse has a health flexible spending account, provided reimbursements don’t exceed the spouse’s eligible expenses.
  • Allows distributions from health flexible spending or reimbursement arrangements to be rolled into an HSA when a person starts a high‑deductible plan after a coverage gap.
  • Expands qualified medical expenses to include menstrual care products (tampons, pads, cups, etc.) for HSAs, MSAs, FSAs, and HRAs.
  • Adds qualified sports and fitness expenses—gym memberships, program fees, and safety equipment—as deductible medical expenses up to $500 per year (or $250 for equipment), with inflation adjustments.

Legislative Activity

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17 earlier actions
SenateIntro Referral Latest Action

Received in the Senate.

July 26, 2018

View full timeline
HouseIntro Referral

Introduced in House

June 22, 2018

HouseIntro Referral

Referred to the House Committee on Ways and Means.

June 22, 2018

HouseCommittee

Committee Consideration and Mark-up Session Held.

July 11, 2018

HouseCommittee

Ordered to be Reported (Amended) by the Yeas and Nays: 24 - 10.

July 11, 2018

HouseCommittee

Reported (Amended) by the Committee on Ways and Means. H. Rept. 115-850.

July 19, 2018

HouseCalendars

Placed on the Union Calendar, Calendar No. 658.

July 19, 2018

HouseFloor

Rules Committee Resolution H. Res. 1012 Reported to House. Rule provides for consideration of H.R. 6199. Rule provides for consideration of H.R. 6199 under a closed rule. Additionally, the rule provides for proceedings for the period from July 27, 2018 through September 3, 2018

July 23, 2018 • 7:16 PM

HouseFloor

Rule H. Res. 1012 passed House.

July 24, 2018 • 2:20 PM

HouseFloor

Considered under the provisions of rule H. Res. 1012. (consideration: CR H7651-7658; H7667)

July 25, 2018 • 3:49 PM

HouseFloor

Rule provides for consideration of H.R. 6199. Rule provides for consideration of H.R. 6199 under a closed rule. Additionally, the rule provides for proceedings for the period from July 27, 2018 through September 3, 2018

July 25, 2018 • 3:49 PM

HouseFloor

DEBATE - The House proceeded with one hour of debate on H.R. 6199.

July 25, 2018 • 3:51 PM

HouseFloor

The previous question was ordered pursuant to the rule.

July 25, 2018 • 4:36 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 6199, the Chair put the question on passage of the bill and by voice vote, announced that the ayes had prevailed. Mr. Blumenauer demanded the yeas and nays and the Chair postponed further proceedings on the question of passage of H.R. 6199 until later in the legislative day.

July 25, 2018 • 4:37 PM

HouseFloor

Considered as unfinished business. (consideration: CR H7667)

July 25, 2018 • 6:15 PM

HouseFloor

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 277 - 142 (Roll no. 377).(text: CR H7651-7653)

July 25, 2018 • 6:21 PM

HouseFloor

On passage Passed by the Yeas and Nays: 277 - 142 (Roll no. 377). (text: CR H7651-7653)

July 25, 2018 • 6:21 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

July 25, 2018 • 6:21 PM

SenateIntro Referral

Received in the Senate.

July 26, 2018

Amendments

1 amendment

Offered to this bill

Floor Debate

23 members

What members said about H.R. 6199 on the floor

12 Republicans11 Democrats
Michael C. Burgess
Rep. Michael C. BurgessR-TX-26 · Jul 24, 2018

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 1012 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Peter J. Roskam
Rep. Peter J. RoskamR-IL-6 · Jul 25, 2018

Mr. Speaker, pursuant to House Resolution 1011, I call up the bill (H.R. 6311) to amend the Internal Revenue Code of 1986 and the Patient Protection and Affordable Care Act to modify the definition…

Earl Blumenauer
Rep. Earl BlumenauerD-OR-3 · Jul 25, 2018

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I am pleased to be here with Ms. Jenkins, moving forward on this legislation. It represents an opportunity for us to deal with a…

Sander M. Levin
Rep. Sander M. LevinD-MI-9 · Jul 25, 2018

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I think we need to ask ourselves: What is this bill all about? Why are we here today? H.R. 6311 is the final of three bills…

Norma J. Torres
Rep. Norma J. TorresD-CA-35 · Jul 24, 2018

Mr. Speaker, I yield myself such time as I may consume, and I thank the gentleman from Texas for yielding me the customary 30 minutes. Mr. Speaker, $2 trillion, that is what this GOP Congress added…

Show 8 more
Lynn Jenkins
Rep. Lynn JenkinsR-KS-2 · Jul 25, 2018

Mr. Speaker, pursuant to House Resolution 1012, I call up the bill (H.R. 6199) to amend the Internal Revenue Code of 1986 to include certain over-the-counter medical products as qualified medical…

Lloyd Doggett
Rep. Lloyd DoggettD-TX-35 · Jul 25, 2018

Mr. Speaker, TrumpCare, that is what we are talking about today. What is TrumpCare? Well, it is not much care. In fact, it is mainly indifference from people that don't really care or understand the…

Ron Kind
Rep. Ron KindD-WI-3 · Jul 25, 2018

Mr. Speaker, I thank my friend and colleague from Oregon for yielding me this time. I agree with my colleague. Mr. Speaker, I rise in opposition to this legislation, not because of the policy…

Raul Ruiz
Rep. Raul RuizD-CA-36 · Jul 24, 2018

Mr. Speaker, premiums are skyrocketing across the country, caused by this administration's sabotage of the Affordable Care Act. Just listen to the insurance company CEOs who are directly stating that…

David P. Roe
Rep. David P. RoeR-TN-1 · Jul 25, 2018

Mr. Speaker, I rise today in support of H.R. 6311. This bill makes a number of welcome changes to our broken healthcare system to put patients back in charge of their healthcare. I have been a…

Mike Kelly
Rep. Mike KellyR-PA-3 · Jul 25, 2018

Mr. Speaker, I thank the gentlewoman for including my bill, H.R. 6305, the Bipartisan HSA Improvement Act of 2018, in H.R. 6199, the Restoring Access to Medication and Modernizing Health Savings…

Erik Paulsen
Rep. Erik PaulsenR-MN-3 · Jul 25, 2018

Mr. Speaker, I thank the chairwoman for yielding. Mr. Speaker, as an advocate for giving consumers more choice in healthcare and lowering costs, I support this bill, which also gives more flexibility…

Ron Estes
Rep. Ron EstesR-KS-4 · Jul 25, 2018

Mr. Speaker, I rise to speak in support of two bills being considered today as part of our overall goal to improve healthcare for families across the country. Currently, ObamaCare is broken. As I…

Show 11 more
Lois Frankel
Rep. Lois FrankelD-FL-21 · Jul 25, 2018

Mr. Speaker, I have a motion to recommit at the desk. I am opposed in its current form. Mr. Speaker, this is the final amendment to the bill which will not kill the bill or send it back to committee.…

Tom Rice
Rep. Tom RiceR-SC-7 · Jul 25, 2018

Mr. Speaker, I am proud to stand before you today to discuss two bills that expand choice and offer lower cost. And lower cost and choice are what are needed in healthcare. Back home in South…

Steve Stivers
Rep. Steve StiversR-OH-15 · Jul 25, 2018

Mr. Speaker, I want to thank the gentleman from Illinois for yielding me time. Mr. Speaker, I rise today to support H.R. 6311, and more specifically, I rise to support bipartisan language to make…

Danny K. Davis
Rep. Danny K. DavisD-IL-7 · Jul 25, 2018

Mr. Speaker, I thank my colleague who demonstrates with regularity the intensification of real care for the people. Today, we take up another bill that does nothing to make up for the long-term…

Judy Chu
Rep. Judy ChuD-CA-27 · Jul 25, 2018

Mr. Speaker, I rise today in strong opposition to H.R. 6311, which, contrary to its name, would do very little to help Americans access quality healthcare coverage. Instead, it would force families…

Erik Paulsen
Rep. Erik PaulsenR-MN-3 · Jul 25, 2018

Mr. Speaker, just to follow up, there are too many families that continue to suffocate under the high premiums and high deductibles that we have from the Affordable Care Act. In contrast to the…

Brian Higgins
Rep. Brian HigginsD-NY-26 · Jul 25, 2018

Mr. Speaker, health savings accounts, while they may help people manage their healthcare costs marginally, the sad truth is this legislation will do nothing--nothing--to lower healthcare costs and to…

Adrian Smith
Rep. Adrian SmithR-NE-3 · Jul 25, 2018

Mr. Speaker, I rise today in support of H.R. 6311, the Increasing Access to Lower Premium Plans and Expanding Health Savings Accounts Act. This bill gives all Americans the option to purchase a…

Billy Long
Rep. Billy LongR-MO-7 · Jul 25, 2018

Mr. Speaker, on Tuesday, July 24, 2018, I was unable to vote on any legislative measures. Had I been present, I would have voted the following: (Roll No. 368) On ordering the previous question…

Brenda L. Lawrence
Rep. Brenda L. LawrenceD-MI-14 · Jul 25, 2018

Mr. Speaker, I rise to speak against H.R. 6311. This bill does no favor for the average working American. This is yet another bill to sabotage the Affordable Care Act and make healthcare more…

Jackie Walorski
Rep. Jackie WalorskiR-IN-2 · Jul 25, 2018

Mr. Speaker, I rise in support of H.R. 6311, the Increasing Access to Lower Premium Plans and Expanding Health Savings Accounts Act. This important bill contains a 2-year delay of the health…

Bill Text

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Latest
Received in SenateIssued July 26, 2018

II

115th CONGRESS

2d Session

H. R. 6199

IN THE SENATE OF THE UNITED STATES

July 26, 2018

Received

AN ACT

To amend the Internal Revenue Code of 1986 to include certain over-the-counter medical products as qualified medical expenses.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Restoring Access to Medication and Modernizing Health Savings Accounts Act of 2018.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. First dollar coverage flexibility for high deductible health plans.

Sec. 3. Treatment of direct primary care service arrangements.

Sec. 4. Certain employment related services not treated as disqualifying coverage for purposes of health savings accounts.

Sec. 5. Contributions permitted if spouse has a health flexible spending account.

Sec. 6. FSA and HRA terminations or conversions to fund HSAs.

Sec. 7. Inclusion of certain over-the-counter medical products as qualified medical expenses.

Sec. 8. Certain amounts paid for physical activity, fitness, and exercise treated as amounts paid for medical care.

2.

First dollar coverage flexibility for high deductible health plans

(a)

In general

Section 223(c)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:

(E)

First dollar coverage flexibility

(i)

In general

A plan shall not fail to be treated as a high deductible health plan by reason of failing to have a deductible for not more than $250 of specified services for self-only coverage (twice such amount in the case of family coverage) during a plan year.

(ii)

Specified services

For purposes of this subparagraph, the term specified services means, with respect to a plan, services other than preventive care (within the meaning of subparagraph (C)) identified under the terms of the plan as being services to which clause (i) applies.

.

(b)

Inflation adjustment

Section 223(g)(1) of such Code is amended—

(1)

by striking and (c)(2)(A) each place it appears and inserting , (c)(2)(A), and (c)(2)(E), and

(2)

in subparagraph (B)—

(A)

by striking such taxable year in the matter preceding clause (i) and inserting the taxable year (plan year in the case of the dollar amount in subsection (c)(2)(E)), and

(B)

by striking clause (ii) and inserting clauses (ii) and (iii) in clause (i), by striking and at the end of clause (i), by striking the period at the end of clause (ii) and inserting , and, and by inserting after clause (ii) the following new clause:

(iii)

in the case of the dollar amount in subsection (c)(2)(E) for plan years beginning in calendar years after 2019, calendar year 2018.

.

(c)

Effective date

The amendments made by this section shall apply with respect to plan years beginning after December 31, 2018.

3.

Treatment of direct primary care service arrangements

(a)

In general

Section 223(c)(1) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:

(D)

Treatment of direct primary care service arrangements

(i)

In general

A direct primary care service arrangement shall not be treated as a health plan for purposes of subparagraph (A)(ii).

(ii)

Direct primary care service arrangement

For purposes of this paragraph—

(I)

In general

The term direct primary care service arrangement means, with respect to any individual, an arrangement under which such individual is provided medical care (as defined in section 213(d)) consisting solely of primary care services provided by primary care practitioners (as defined in section 1833(x)(2)(A) of the Social Security Act, determined without regard to clause (ii) thereof), if the sole compensation for such care is a fixed periodic fee.

(II)

Limitation

With respect to any individual for any month, such term shall not include any arrangement if the aggregate fees for all direct primary care service arrangements (determined without regard to this subclause) with respect to such individual for such month exceed $150 (twice such dollar amount in the case of an individual with any direct primary care service arrangement (as so determined) that covers more than one individual).

(iii)

Certain services specifically excluded from treatment as primary care services

For purposes of this paragraph, the term primary care services shall not include—

(I)

procedures that require the use of general anesthesia,

(II)

prescription drugs (other than vaccines), and

(III)

laboratory services not typically administered in an ambulatory primary care setting.

The Secretary, after consultation with the Secretary of Health and Human Services, shall issue regulations or other guidance regarding the application of this clause.

.

(b)

Direct primary care service arrangement fees treated as medical expenses

Section 223(d)(2)(C) is amended by striking or at the end of clause (iii), by striking the period at the end of clause (iv) and inserting , or, and by adding at the end the following new clause:

(v)

any direct primary care service arrangement.

.

(c)

Inflation adjustment

Section 223(g)(1) of such Code, as amended by section 2(b), is amended—

(1)

by inserting (c)(1)(D)(ii)(II), after (b)(2), each place it appears, and

(2)

in subparagraph (B), by striking and (iii) and inserting , (iii) and (iv) in clause (i), by striking and at the end of clause (ii), by striking the period at the end of clause (iii) and inserting , and, and by inserting after clause (iii) the following new clause:

(iv)

in the case of the dollar amount in subsection (c)(1)(D)(ii)(II) for taxable years beginning in calendar years after 2019, calendar year 2018.

.

(d)

Reporting of direct primary care service arrangement fees on W–2

Section 6051(a) of such Code is amended by striking and at the end of paragraph (16), by striking the period at the end of paragraph (17) and inserting , and, and by inserting after paragraph (17) the following new paragraph:

(18)

in the case of a direct primary care service arrangement (as defined in section 223(c)(1)(D)(ii)) which is provided in connection with employment, the aggregate fees for such arrangement for such employee.

.

(e)

Effective date

The amendments made by this section shall apply to months beginning after December 31, 2018, in taxable years ending after such date.

4.

Certain employment related services not treated as disqualifying coverage for purposes of health savings accounts

(a)

In general

Section 223(c)(1) of the Internal Revenue Code of 1986, as amended by section 3(a), is amended by adding at the end the following new subparagraph:

(E)

Special rule for qualified items and services

(i)

In general

An individual shall not be treated as covered under a health plan for purposes of subparagraph (A)(ii) merely because the individual, in connection with the employment of the individual or the individual’s spouse, receives (or is eligible to receive) qualified items and services at—

(I)

a healthcare facility located at a facility owned or leased by the employer of the individual (or of the individual’s spouse), or operated primarily for the benefit of such employer’s employees, or

(II)

a healthcare facility located within a supermarket, pharmacy, or similar retail establishment.

(ii)

Qualified items and services defined

For purposes of this subparagraph, the term qualified items and services means the following:

(I)

Physical examinations.

(II)

Immunizations, including injections of antigens provided by employees.

(III)

Drugs 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)

Drug testing, if required as a condition of employment.

(VI)

Hearing or vision screenings.

(VII)

Other similar items and services that do not provide significant benefits in the nature of medical care.

(iii)

Aggregation

For purposes of clause (i)(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.

.

(b)

Effective date

The amendments made by this section shall apply to months beginning after December 31, 2018, in taxable years ending after such date.

5.

Contributions permitted if spouse has a health flexible spending account

(a)

Contributions permitted if spouse has a health flexible spending account

Section 223(c)(1)(B) of the Internal Revenue Code of 1986 is amended by striking and at the end of clause (ii), by striking the period at the end of clause (iii) and inserting , and, and by inserting after clause (iii) the following new clause:

(iv)

coverage under a health flexible spending arrangement of the spouse of the individual for any plan year of such arrangement if the aggregate reimbursements under such arrangement for such year do not exceed the aggregate expenses which would be eligible for reimbursement under such arrangement if such expenses were determined without regard to any expenses paid or incurred with respect to such individual.

.

(b)

Effective date

The amendment made by this section shall apply to plan years beginning after December 31, 2018.

6.

FSA and HRA terminations or conversions to fund HSAs

(a)

In general

Section 106(e)(2) of the Internal Revenue Code of 1986 is amended to read as follows:

(2)

Qualified HSA distribution

For purposes of this subsection—

(A)

In general

The term qualified HSA distribution means, with respect to any employee, a distribution from a health flexible spending arrangement or health reimbursement arrangement of such employee directly to a health savings account of such employee if—

(i)

such distribution is made in connection with such employee establishing coverage under a high deductible health plan (as defined in section 223(c)(2)) after a significant period of not having such coverage, and

(ii)

such arrangement is described in section 223(c)(1)(B)(iii) with respect to the portion of the plan year after such distribution is made.

(B)

Dollar limitation

The aggregate amount of distributions from health flexible spending arrangements and health reimbursement arrangements of any employee which may be treated as qualified HSA distributions in connection with an establishment of coverage described in subparagraph (A)(i) shall not exceed the dollar amount in effect under section 125(i)(1) (twice such amount in the case of coverage which is described in section 223(b)(2)(B)).

.

(b)

Partial reduction of limitation on deductible HSA contributions

Section 223(b)(4) of such Code is amended by striking and at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting , and, and by inserting after subparagraph (C) the following new subparagraph:

(D)

so much of any qualified HSA distribution (as defined in section 106(e)(2)) made to a health savings account of such individual during the taxable year as does not exceed the aggregate increases in the balance of the arrangement from which such distribution is made which occur during the portion of the plan year which precedes such distribution (other than any balance carried over to such plan year and determined without regard to any decrease in such balance during such portion of the plan year).

.

(c)

Conversion to HSA-compatible arrangement for remainder of plan year

Section 223(c)(1)(B)(iii) of such Code, as amended by section 5(a), is amended to read as follows:

(iii)

coverage under a health flexible spending arrangement or health reimbursement arrangement for the portion of the plan year after a qualified HSA distribution (as defined in section 106(e)(2) determined without regard to subparagraph (A)(ii) thereof) is made, if the terms of such arrangement which apply for such portion of the plan year are such that, if such terms applied for the entire plan year, then such arrangement would not be taken into account under subparagraph (A)(ii) of this paragraph for such plan year, and

.

(d)

Inclusion of qualified HSA distributions on W–2

(1)

In general

Section 6051(a) of such Code, as amended by section 3(d), is amended by striking and at the end of paragraph (17), by striking the period at the end of paragraph (18) and inserting , and, and by inserting after paragraph (18) the following new paragraph:

(19)

the amount of any qualified HSA distribution (as defined in section 106(e)(2)) with respect to such employee.

.

(2)

Conforming amendment

Section 6051(a)(12) of such Code is amended by inserting (other than any qualified HSA distribution, as defined in section 106(e)(2)) before the comma at the end.

(e)

Effective date

The amendments made by this section shall apply to distributions made after December 31, 2018, in taxable years ending after such date.

7.

Inclusion of certain over-the-counter medical products as qualified medical expenses

(a)

HSAs

Section 223(d)(2) of the Internal Revenue Code of 1986 is amended—

(1)

by striking the last sentence of subparagraph (A) and inserting the following: For purposes of this subparagraph, amounts paid for menstrual care products shall be treated as paid for medical care., and

(2)

by adding at the end the following new subparagraph:

(D)

Menstrual care product

For purposes of this paragraph, the term menstrual care product means a tampon, pad, liner, cup, sponge, or similar product used by women with respect to menstruation or other genital-tract secretions.

.

(b)

Archer MSAs

Section 220(d)(2)(A) of such Code is amended by striking the last sentence and inserting the following: For purposes of this subparagraph, amounts paid for menstrual care products (as defined in section 223(d)(2)(D)) shall be treated as paid for medical care..

(c)

Health flexible spending arrangements and health reimbursement arrangements

Section 106 of such Code is amended by striking subsection (f) and inserting the following new subsection:

(f)

Reimbursements for menstrual care products

For purposes of this section and section 105, expenses incurred for menstrual care products (as defined in section 223(d)(2)(D)) shall be treated as incurred for medical care.

.

(d)

Effective dates

(1)

Distributions from health savings accounts

The amendments made by subsections (a) and (b) shall apply to amounts paid after December 31, 2018.

(2)

Reimbursements

The amendment made by subsection (c) shall apply to expenses incurred after December 31, 2018.

8.

Certain amounts paid for physical activity, fitness, and exercise treated as amounts paid for medical care

(a)

In general

Section 213(d)(1) of the Internal Revenue Code of 1986 is amended by striking or at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting , or, and by adding at the end the following new subparagraph:

(E)

for qualified sports and fitness expenses.

.

(b)

Qualified sports and fitness expenses

Section 213(d) of such Code is amended by adding at the end the following paragraph:

(12)

Qualified sports and fitness expenses

(A)

In general

The term qualified sports and fitness expenses means amounts paid for—

(i)

membership at a fitness facility,

(ii)

participation or instruction in a program of qualified physical activity, or

(iii)

safety equipment for use in a program (including a self-directed program) of qualified physical activity.

(B)

Limitations

(i)

Overall dollar limitation

The aggregate amount treated as qualified sports and fitness expenses with respect to any taxpayer for any taxable year shall not exceed $500 (twice such amount in the case of a joint return or a head of household (as defined in section 2(b))).

(ii)

Dollar limitation on safety equipment

The amount treated as qualified sports and fitness expenses with respect to any item of safety equipment described in subparagraph (A)(iii) shall not exceed $250.

(iii)

Exclusion of exercise videos, etc

Qualified sports and fitness expenses shall not include videos, books, or similar materials.

(C)

Qualified physical activity

For purposes of this paragraph—

(i)

In general

Except as provided in clause (ii), the term qualified physical activity means any physical exercise or physical activity.

(ii)

Exclusions

The Secretary, after consultation with the Secretary of Health and Human Services, shall issue guidance to determine for purposes of this paragraph what does not constitute a qualified physical activity, including golf, hunting, sailing, horseback riding, and other similar activities.

(D)

Fitness facility defined

For purposes of subparagraph (A)(i), the term fitness facility means a facility—

(i)

providing instruction in a program of qualified physical activity or facilities for qualified physical activity,

(ii)

which is not a private club owned and operated by its members,

(iii)

whose health or fitness facility is not incidental to its overall function and purpose, and

(iv)

which is fully compliant with applicable State and Federal anti-discrimination laws.

(E)

Programs which include components other qualified physical activity

Rules similar to the rules of paragraph (6) shall apply in the case of any program or facility that includes qualified physical activity (or facilities therefore) and also other components. For purposes of the preceding sentence, travel and accommodations shall be treated as an other component.

(F)

Inflation adjustment

In the case of any taxable year beginning in a calendar year after 2019, the $500 amount in subparagraph (B)(i) and the $250 amount in subparagraph (B)(ii) shall each be increased by an amount equal to—

(i)

such dollar amount, multiplied by

(ii)

the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins, determined by substituting calendar year 2018 for calendar year 2016 in subparagraph (A)(ii) thereof.

If any increase determined under the preceding sentence is not a multiple of $10, such increase shall be rounded to the next lowest multiple of $10.

.

(c)

Effective date

The amendments made by this section shall apply to taxable years beginning after December 31, 2018.

Passed the House of Representatives July 25, 2018.

Karen L. Haas,

Clerk