The Menstrual Cup in Health Insurance Coverage
In the European Union, the menstrual cup is considered a hygiene product specifically designed and manufactured for menstrual hygiene. However, in other countries, including the USA, it is considered a medical device, and as such, it is included in the coverage of certain health insurance plans.
Why Is There a Different Classification?
In the European Union, the menstrual cup is not considered a medical device because it lacks a medical purpose, since menstruation is a natural physiological process. In contrast, in the USA, menstruation is considered a process inherent to the functioning of the body that can be involved or affected by certain health conditions or issues.
Therefore, in the first case it is understood as an intimate hygiene product and in the second as a medical device.
Menstrual Protection in the USA: The Menstrual Cup Is Eligible for Users of Certain Health Insurance Plans
Healthcare in the USA is very different from what we know in Spain. There is a public healthcare system, but it is almost nothing like the universal coverage of Social Security in Spain. Therefore, it is complicated to understand its particularities from our experience here.
In the United States there is also a wide variety of private health insurance, which are practically the services used by much of the population to have some health coverage. There is a big difference between the different States making up the USA. Companies have great influence in this, as they can voluntarily contract insurance for their employees or contribute to those they hire as part of salary or work benefits or incentives.
Currently there are two very popular types of health coverage products in the USA: FSAs and HSAs. Both allow the purchase of the menstrual cup as part of their health insurance coverage.
What Is an FSA in the USA?
An FSA is a Flexible Spending Account. What does this mean? It is an account that a person with a low deductible health plan can open. It can receive reimbursements for health expenses made by them or their covered relatives (usually children or spouse).
The person makes monthly contributions before tax payment, so they do not have to pay taxes on this amount. The savings can be significant. From day one, they can use it for health products and services, but the full amount must be used before the end of the calendar year or the unused portion is lost.
Also, their employer can contribute money to this for them as part of their salary or company incentive plan.
What Is an HSA?
An HSA is a Health Savings Account associated with a high deductible health plan. Like the previous case, the person can deposit money as desired, and it is tax-free. However, they are not required to spend all saved money in a calendar year. They can accumulate it. Besides the advantage that deposited funds are tax-exempt, they can earn interest on the money while not spent. Also, all earnings and withdrawals to pay for health products or services are tax-free.
As before, companies can also contribute money to the HSA of their employees.
The Menstrual Cup Is Deductible for Users with FSA and HSA in the USA
The FDA (Food and Drug Administration of the United States) has a public list of products with their classification. In the USA, menstrual products have been classified as “Medical Expenses” for several years. Therefore, menstrual cups are eligible for those with FSA or HSA. They can use part of their accumulated amounts to purchase menstrual cups.
They only need to carry out an administrative procedure to obtain reimbursement for their menstrual cup purchase.
Assistance for Menstrual Cup Purchase in Other Countries: Examples
In other countries, public administrations consider it a basic necessity product. They contribute to the purchase of the menstrual cup in different ways to fight menstrual poverty and help women so that periods are not a financial burden.
Some examples?
- Scotland is a pioneer in this regard. Since August 15, 2020, it offers free menstrual cups and other menstrual hygiene products to women who need them. This is duly established in the Free Menstrual Products Provision Act.
- In Spain, recently, legislation has been passed so that menstrual products are only taxed with a super reduced VAT, similar to basic products. Until then, VAT was 10%, now it is only 4%.
- Switzerland provides free menstrual products to university students in precarious situations. This decision came after loss of jobs usually done by students due to Covid-19 pandemic restrictions.
- Canada in 2015 eliminated VAT on menstrual products.
- In Australia, menstrual cups are exempt from GST, a tax on goods and services in this country similar to VAT, as they are considered health products.
Sources:
https://es.aetna.com/health-guide/hsa-vs-fsa.html
https://www.fda.gov/about-fda/fda-en-espanol
https://www.fda.gov/vaccines-blood-biologics/complete-list-licensed-products-and-establishments
https://blog.healthequity.com/cares-act-womens-health-and-menstrual-care