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HSAs and unlicensed states - May 2013

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  1. HSAs and unlicensed states -- Q
  2. Expand Messages
  3. survivethrivecancercare
  4. Message 1 of 5 , May 4, 2013
  5. View Source
  6. Dear doctors practicing in unlicensed states,
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  8. Has anyone gotten helpful legal advice regarding taking HSA credit cards as payment?
  9.  
  10. Since HSA law is federal and licensure is state based, I can interpret the rules in 3 ways:
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  12. 1) Can't take HSAs
  13. 2) Can take HSA if patient is a resident of a state I am licensed in
  14. 3) Can take HSA if patient is a resident of any licensed state.
  15.  
  16. Thanks for advising.
  17.  
  18. Katherine Neubauer, ND, FABNO
  19. Survive and Thrive Cancer Care, a national integrative oncology consulting practice
  20. Tulsa, OK
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  25. Anne Van Couvering, ND
  26. May 5, 2013
  27. View Source
  28. Erg. I just thought that it might come back and I would have to refund it and the patient pay another way - sort of like a denied insurance claim. I didn't think it would be ILLEGAL!
  29.  
  30. I just accepted one from a patient with a "we'll see what happens" caveat.
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  32. Am I in trouble?
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  34. Anne Van Couvering, ND, LMT
  35. Sag Harbor, NY
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  42. sejacobsnd
  43. Message 3 of 5 , May 5, 2013
  44. View Source
  45. I am confused by all of this. I am in an illegal state.. SC and take HSA cards all the time without issue. I bill as nutrition counseling. I assumed if it wasn't getting denied, all was good?
  46. Sherri Jacobs
  47. Chas sc
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  52. survivethrivecancercare
  53. Message 4 of 5 , May 6, 2013
  54. View Source
  55. Sherri,
  56.  
  57. The IRS and federal law are the ultimate decision makers.
  58.  
  59. A patient makes a purchase with their HSA card and states that they are following HSA rules. An IRS auditor can then deny the claim. I don't know if there is any repercussions to the provider.
  60.  
  61. I know that re supplements, HSA can only be used for supplements "prescribed" by a physician.
  62.  
  63. Have any Nat Chatters in unlicensed states gotten helpful advice from a lawyer on this topic?
  64.  
  65. Thank you.
  66.  
  67. Katherine Neubauer, ND, FABNO
  68. Survive and Thrive Cancer Care, a national integrative oncology consulting practice
  69. Tulsa, OK
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  74. Adam Graves
  75. Message 5 of 5 , May 8, 2013
  76. View Source
  77. I have been taking HSA for years and never had a problem. It is a federal Tax issues, and in my opinion they could care less if you are in an unlicensed state as long as you are a licensced health care provider. I have an npi, and I keep a current Wa state license. I have had a few hsa required more documentation but once I add in the icd-9 codes for the specific supplement I have recommended I have never had a problem.
  78.  
  79. Adam Graves ND, LAc
  80. Castle Rock Co
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