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From:
Kate Berman <[log in to unmask]>
Reply To:
Kate Berman <[log in to unmask]>
Date:
Sat, 6 Dec 2008 11:24:11 -0500
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<<Disclaimer: Verify this information before applying it to your situation.>>

Quite a while ago (as in July 07) I posted a question asking about peoples'
experience claiming gluten free items from their flex spending accounts.
Sorry it has taken me so long to summarize.

I work for the federal gov't and have the FSA Feds plan. I haven't had any
trouble with my claims. There is a "medical necessity" form my gastro had to
fill out stating that I have celiac, had to be on a GF diet, needed to take
multivitamins, iron, etc. As long as the dr has stated those things, you can
claim them. Otherwise, you wouldn't be able to claim the food or
multivitamins. I send in this form every time just in case they don't notice
they already have it on file. Several other writers also mentioned how vital
this letter is. As far as the foods go, I created a spreadsheet that shows
how much the GF item cost and how many ounces it is. Then I went on my
grocery store's website and printed out a regular item and how many ounces
it is. In my spreadsheet I calculate how much more the GF item costs and
that is the amount I claim. I also include a cover letter explaining my
math, and I haven't had any foods rejected. Some writers said they didn't
claim things like cookies, only essential foods, but I have claimed all
types of food with success. I have also claimed the cost of shipping GF
foods, mileage to/from and parking at drs appts. The ONLY time I have had
something rejected was because they couldn't read the date on a receipt and
verify that it was a purchase during the claim period.

From the responses I got, it sounds like there are variations depending on
the type of plan, so I recommend calling first to verify things. For
instance, one writer told me they claimed the cost of the entire GF item,
not just the difference in cost. So, I'm including the replies I got below,
but I can't vouch for their correctness.

--One writer had trouble with Aetna FSA if papers weren't filled out exactly
right, they wouldn't be processed.

--One writer said some FSAs allowed gluten free items and others didn't, so
you need to check first

--One writer said "The first year that I used a Flex acct, I chose a
conservative amount for GF foods since it is a bit of an unknown and I have
increased the amount each year since. And sure enough, some foods are
accepted for payment and some are rejected. Rather than fight, I just
dropped those foods and submit others. My expenses for prescriptions are
much higher so the bulk of my allotment goes to those expenses. That said,
ALL of a GF item should be covered, i.e. the whole loaf of GF bread, not
just the amount above the cost of a regular loaf. That difference in cost is
important for tax purposes when you want to itemize your tax deductions."

--Another writer "it needs to be items that are made GF (i.e. breads,
waffles,cookies, pasta) not certain brands of items that happen to be GF
(ie. spectrum mayo -- btw, Hellman's is also GF).  You take the difference
b/w the two. for example if you spend $2.50 on GF mac 'n cheese and gluten
mac 'n cheese (I use generic store brand as the comparator b/c that's
cheaper and you'll get more back) is $.50, then you claim $2."

--Another writer "With the IRS, only the additional cost of GF can be
counted as a medical expense  (Price of GF bread - Price of regular bread =
additional cost of g.f. diet)...
And with questionable items, I'd be especially carefult that that ONLY the
celiac is using those, rather than using them as ingredients for the entire
family just because it's easier. Celiacs don't get a break beause they eat,
only because they need to eat g.f., which eliminates part of only one food
group."

--One writer "This is the first year that we are GF.  I also called the FSA
administrator to ask the same questions.  I am claiming any foods that I am
buying because I know that they are GF and subtracting the price of "normal"
foods.  Also things like Xanthan gum - I'm submitting the whole amount.  I'm
also trying to claim special cutting boards, etc... that I needed.  My
taxman says that I should be even able to justify a freezer for storage of
all this food.  I submitted my first "claim" to FSA and they rejected
because they couldn't find the doctor's proclamation that I previously sent
in.  But they didn't reject it for any other reason.  My claim included
Tupperware for flour storage, bakeware, etc..I also read that you can deduct
shipping charges and mileage (I forget the amount per mile - something like
$0.14 per mile) for driving out of your way to get GF food."

--Another writer "I've been using the flexible spending planfor about 18
months for my gf food costs.  After I finally got them the information in
the form they would accept that I was a celiac and my doctor had confirmed
it, a couple of times, I have never had them question what I put down as the
difference between "regular" food and what we have to pay to be assured we
are eating safely.  I also include the freight charges when I've ordered
items and that is a big help. Keep in mind that a 3 ounce package of our
cookies cost more than 3 or 4 pounds of other types of cookies and I just
put down the general prices of what I used to buy and that USED to be mostly
generic and the least expensive, so I claim the whole difference. and I
figure the difference out by dividing the cost of the regular food by the
smaller (usually) quantity of our gf food so it works out by ounce or pound
or whatever."

--Another "We use ours to pay for the DIFFERENCE of the cost of regular food
and gluten free food.  I wrote a program to calculate the difference.  We
are only allowed to use it for non-snack items...bread, cereal, flour,
xanthan gum, etc.  We can NOT use it for granola bars, cookies, etc.  We
have, so far, been allowed to use it for cake and cookie mixes and bread
mixes as well."

--My impression is that there is also a tax deduction that can be used for
gluten free items, but I didn't receive many details other than writers
saying they used the deduction instead of FSA. One writer said "Also check
with your accountant or whoever prepares your taxes.  You claim medical
deductions over a certain amount for meds, medical expenses and FOOD if over
a certain amount."

--A last writer "My health insurance plan does not offer a flexible spending
account, but I do use my Gluten free foods deduction on my federal taxes.  I
list only foods bought because they are gluten free and other foods like
what I buy are not gluten free. I keep a chart showing what GF product I
bought, the price and size of the packages, AND what similar gluten
containing items are available, and their price and package size.  I then
calculate the price per ounce of each, the comparative cost of each for the
ounces of the gluten free item, find the difference in price, and enter that
number as my difference in cost.
Gluten free foods that cannot be bought any other way qualify, like the GF
frozen foods like Amy's Kitchen, and Van's Wheat Free Waffles, Bread, and
baking supplies that would only be used in a GF product. Xanthium gum is not
exclusively used in GF products, but the flours that you buy, would be.
Cereals, baked goods, and frozen baked goods would also qualify. Foods that
are not purposely gluten free are not included."

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