Wasserman Schultz and Meek Call for Fairness in Tax Code to Allow Baby Formula Reimbursements for Mothers Who Have Undergone Mastectomies

Legislation Amends Tax Code to Allow Baby Formula to be Reimbursed Under a Health Flexible Spending Arrangement for a Mother who has had a Mastectomy and is Unable to Breastfeed

Wasserman Schultz and Meek: Our Tax Code Should Help – Not Hurt – Mothers Who Have Been Treated for Breast Cancer

WASHINGTON, DC – U.S. Representatives Debbie Wasserman Schultz (FL-20) and Kendrick B. Meek (FL-17) today called for fairness in the tax code by sponsoring legislation – H.R. 3445 – that allows baby formula to be reimbursed under a health flexible spending arrangement if a mother has had a mastectomy and is medically unable to breastfeed. In the past, the IRS has ruled that a woman medically incapable of breastfeeding may not set aside the cost of infant formulas as a pre-tax expense in any circumstance.

"After dealing with the heartbreak of fighting breast cancer, losing their breasts and being unable to nurse, a mother should not be forced to fight the IRS as well," said Rep. Wasserman Schultz.

"Our tax code should help – not hurt – mothers who have undergone treatment for breast cancer," said Meek. "This bill will help countless mothers who have had mastectomies and are raising young children. I will continue to support common-sense changes in our tax code that give mothers the help and support they need especially in these challenging circumstances."

The legislation resulted when a couple contacted Rep. Wasserman Schultz to express their extreme frustration in trying to work with the IRS to allow their flexible spending account to cover infant formula, even though the mother was incapable of producing breast milk because of a double mastectomy.  Flexible spending accounts are set up to allow for the payment of medical related expenses with pre-tax dollars placed in such accounts.  While it covers such medical expenses as doctor’s visits, it also covers expenditures on items such as sunscreen, band-aids and over-the-counter medications.

Both Representatives Wasserman Schultz and Meek have long supported making common-sense changes to our tax code to reflect the needs of American families. Rep. Wasserman Schultz, a member of both the Judiciary and Appropriations Committees, has a record of passing legislation to protect children and families. Rep. Meek, a member of the Ways and Means Committee, which has jurisdiction over all revenue-generating measures, has introduced legislation to provide tax credits for individuals who provide housing and mentoring services for former foster care youth.

U.S. Rep. Kendrick B. Meek represents the 17th Congressional District of Florida which includes parts of Miami-Dade and Broward Counties. He serves as the lone Florida Democrat sitting on the House Committee on Ways and Means.

-30-