Post Date: 2/5/12 11:22 pm
Last Edit: 2/5/12 11:25 am I think that if you can get a doctor to fill out the form for medical need, it will be accepted. I'm not positive, though. I've been trying to find this out, too, since my plan says that some cosmetic surgery is allowable. I have been having medical issues that are going to require breast implant removal, so I was wondering if I could use my Flexible Spending for some of the costs.
Even if you can't use it for the actual surgeon's fee, you may be able to use it to cover some of the other costs. My plan says that is covers hospital fees, for instance. I have a debit/Visa (issued by my plan) card that can be scanned at hospitals and doctors offices. I've used it for all kinds of surgeries in the past, and, even though they have all been allowable things, I don't think they check for codes and such when they process the payment. It just shows up as a hospital charge, pharmacy charge, etc.
If, for instance, I were to use my card at a hospital the morning of my surgery, it would likely go through as payment for my hospital costs. The hospital would be paid. However, they *might* eventually require me to send in some kind of proof of medical need. If that happened, and if I did not have a form filled out by a doctor or surgeon that showed medical need, I would have to pay the plan back the entire amount for anything that was ruled to be not medically necessary. The payment to the hospital would not be revoked, but I would be billed for the amount that they issued.
That being said, the form (at least with my plan) is very short, and does not require a surgeon to write specifics about my care. He or she must only state that the expense was medically necessary. In the case of my implant issue, I have tons of documentation that will show medical need.
I think you would have a good argument for medical need, as the Federal guidlines for Flexible spending plans say that it is not "cosmetic" if it is the result of a "disease". Since obesity is classified as a disease, and the extra skin is a result of obesity, I would think that it should be covered if you can get a doctor on your side who is willing to fill out the forms.
Let me know if you find out anything else about using your Flexspend for this. If you are talking about true Health Spending Accounts, I think they have different rules.