Has anyone had issues with being reimbursed for deflazacort with flex spending dollars.  Our administrators told it was because deflazacort is not an FDA approved drug.  However, when i was reading up on it, I found the following:

Are prescription drugs obtained from Canada or other countries outside the U.S. eligible for reimbursement?

In most cases, no. The Food and Drug Administration (FDA) has determined that the importation of prescription drugs from Canada and other foreign countries is illegal. However, there is one exception. If the FDA has approved the importation of prescription medicine into the U.S. under the “Compassionate Use Act”, it may be an eligible expense. You must include the following information when submitting a claim for imported prescription drugs that fall under the Compassionate Use Act:

  • the date of purchase
  • the cost of the prescription drug
  • the name of the prescription drug
  • If prescribed in the U.S.: the name and address of the prescribing physician
  • If initially prescribed in a foreign country: the name of the country, name and address of the prescribing physician and evidence that the drug is for the continuation of a treatment begun in that foreign country.
  • a copy of the FDA document that authorizes importation of the prescription drug

As a general rule, the FDA guidelines recommend that the purchase be no more than a 3 month supply. The prescription drug must be legal for sale in the country of purchase and recommended for treatment of a serious condition for which effective treatment may not be available in the United States.

For all other drugs purchased outside the U.S., the Internal Revenue Service (IRS) will not allow reimbursement for these purchases from flexible spending accounts and FSAFEDS must abide by IRS guidelines.

I am wondering if there is such a document - it sure seems like it would qualify, but I do not know how to get a hold of such a document.  Thank you.

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That document was posted on the PPMD website in the past, so if you call the office, you might be able to find it.


I looked into this once before, and I did not find an exception in the IRS code.  Is that text you're quoting out of your plan language, or from the IRS?

verbage is from the IRS.

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