Lee Gross, MD:
“DPC Action met with the Administration (White House, Treasury and others) more than 14 times, and this linked legal analysis is what we submitted to the US Department of Treasury to give guidance and support to the Presidential Executive order in support of DPC. The entire board of DPC Action was invited to the Presidential signing ceremony at the White House.
In this analysis, we lay out the argument for why there is no need for any legislation to resolve the DPC HSA issue that has never been attempted to be enforced in any way by the IRS. Now that the EO has been issued and the Treasury is expected to issue a supportive proposed rule in the coming weeks, it defies logic why we would support HR 3708 that dramatically and permanently limits DPC for the sake of favorably scoring a bill that is not necessary in our eyes.
The remaining question, then, is whether the EO goes far enough and completely resolves any question whatsoever for DPC. Perhaps not, but worst case scenario is that the IRS has an absolutely unenforceable position to defend. If they try to enforce DPC as a health plan that disqualifies HSA contribution, they will have to disqualify HSA contribution for every college student that pays a student health fee as part of their tuition, every member of Congress that has access to the congressional health clinic and every member of Sams Club or Costco that offers reduced cost prescriptions to their members.
This is not the time to support limiting legislation on DPC. This is why we oppose HR 3807.
Here is our supporting documentation:”