Yes, a legal abortion is eligible for reimbursement with a Flexible Spending Account (FSA) or Health Savings Account (HSA) when performed to terminate a pregnancy under lawful conditions.
Why Is a Legal Abortion FSA/HSA Eligible?
A legal abortion is considered a medical procedure that qualifies as an eligible expense under IRS Code Section 213(d), which allows for reimbursement of costs incurred for the diagnosis, treatment, or prevention of disease, or for the purpose of affecting any structure or function of the body.
According to IRS Publication 502, "legal abortion" is explicitly listed as a qualified medical expense. This includes both surgical and medication-based procedures performed by licensed healthcare professionals.
FSA- and HSA-eligible abortion-related expenses may include:
In-clinic abortion (surgical procedure)
Medication abortion (e.g., mifepristone and misoprostol)
Physician and facility fees
Anesthesia or sedation used during the procedure
Follow-up care related to the abortion
Counseling or mental health services directly related to the abortion
Lab tests and ultrasounds required for the procedure
- Prescription medications related to post-procedure recovery
What’s Not Covered?
The following are not eligible:
Services provided outside of a legally permitted or licensed setting
Elective counseling or unrelated therapy not tied to the medical care
Travel or lodging expenses unless separately qualified under IRS rules (e.g., distance-based medical travel for necessary care)
To qualify, the abortion must be performed legally and by a licensed medical provider in accordance with state and federal regulations.
How to Use Your FSA or HSA for a Legal Abortion
You can use your FSA or HSA card to pay for eligible abortion services directly at the medical facility. If you pay out of pocket:
Request an itemized receipt showing the provider, date, and services performed
Retain documentation related to prescriptions, lab work, or follow-up care
Submit through your plan’s reimbursement process if needed
For more information, refer to IRS Publication 502.
