S. 1944

119 S1944 IS: Employee Access to Worksite Health Services Act
 U.S. Senate
 2025-06-04
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  1st Session  S. 1944  IN THE SENATE OF THE UNITED STATES   June 4, 2025   Mr. Scott of South Carolina  introduced
  the following bill; which was read twice and referred to the  Committee on Finance    A BILL
To amend the Internal Revenue Code of 1986 to clarify that individuals who
  have access to certain healthcare services through a worksite health clinic are eligible
 to make pre-tax contributions to a health savings account.
1.
Short title
This Act may be cited as the   Employee Access to Worksite Health Services Act  .
2.
On-site employee clinics
(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:
(E)
Special rule for qualified items and services
(i)
In general
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—
(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 defined
For 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)
Aggregation
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.
(iv)
Preventive care for chronic conditions
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.
 .
(b)
Effective date
The amendment made by this section shall apply to months in taxable years beginning after December 31, 2025.