QUOTE (Sieve @ Jun 15 2011, 03:10 PM)

In my jargon, a MERP as an arrangement where the employer pays all medical expenses permitted/specified under the plan. A small employer may use it for those expenses which are co-pays or deductibles under the health care plan or might pay all non-insurance covered medical expenses up to, for example, $2,000/year. If a individual sets up a C corp and has no other employees, then a MERP can pay all medical expenses for the sole employee (owner), and they would all be deductible by the corp. Employees make no contributions (since it is not part of a cafe plan FSA). MERP benefits are paid from general assets as expenses are incurred and claims made.
I know that FSAs no longer can reimburse for non-prescribed drugs (other than insulin)--see IRC Section 106(f) (new under PPACA)--nor can HSAs or Archer MSAs (under other IRC Sections). My question, if anyone knows--John?--is whether the new drug prohibition also applies to MERPs, as I define them above. It would seem that Section 106(f) applies to MERPs, since a MERP falls under 105(h). Comments/thoughts?
I have separately come to the same conclusion as you, Larry, that Section 106(f) will apply to MERPs as well as other types of HRAs, given the reliance on Section 105(h) for the tax-free nature of benefits under either.