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<br />© 2019 Hitesman & Wold, P.A. MEDSURETY, LLC <br />Cafeteria Plan 1-888-816-4234, www.medsurety.com <br />Basic Plan Document <br />21 <br />(v) For eligible expenses, the electronic payment card is used at a merchant <br />(of any kind) that participates in an inventory information approval <br />system developed by the card provider that verifies, at the time of <br />purchase, that the goods being purchased constitute medical care. <br />(7) Special rules may apply to the use of the electronic payment card to purchase <br />over-the-counter drugs and medicines other than insulin. Notwithstanding the <br />rules described above regarding the use of the card to purchase medical care, <br />unless and until the IRS issues guidance providing the following procedures need <br />not be followed (in which case such guidance shall be incorporated herein by <br />reference), the card may be used to purchase such over-the-counter drugs and <br />medicines only in the following circumstances: <br />(i) At any 90% pharmacy if the expense is substantiated after the purchase <br />in accordance with paragraph (6)(i) above. <br />(ii) At drug stores, pharmacies, non-health care merchants that have <br />pharmacies, and mail order or web-based merchants that sell <br />prescription drugs if (a) the cardholder presents the prescription to the <br />pharmacist; (b) the pharmacist assigns a prescription number and <br />dispenses the over-the-counter drug or medicine in accordance with <br />applicable law; (c) the pharmacy retains a record of the transa ction, <br />including the name on prescription, prescription number, date, and the <br />amount of the purchase; (d) the pharmacy’s records are accessible by <br />the employer or its agent; (e) the debit card system does not allow over - <br />the-counter drugs or medicines without a prescription number; and (f) <br />the expense is substantiated in accordance with the standard rules <br />described above in paragraph (6). <br />(iii) At merchants having healthcare related merchant codes (other than <br />merchants described in item ii above) if the expe nse is substantiated in <br />accordance with the standard rules described above in paragraph (6). <br />Note: If the over-the-counter medicine cannot be purchased with the electronic <br />payment card, it may still be reimbursed using the manual reimbursement <br />procedures described in paragraph (a) above. <br />(8) If a claim is not substantiated pursuant to items (ii) through (v) of paragraph (6) <br />above, and the Participant does not substantiate the claim pursuant to paragraph <br />(6)(i) above within a particular time period (as established by the Plan <br />Administrator or is designee), the Participant’s use of the card will be terminated <br />at least until such time as the claim is substantiated or the unsubstantiated claim <br />is recovered by the Plan. Furthermore, the Plan shall seek to recover any <br />unsubstantiated electronic payment card claim by demanding repayment from <br />the Participant, withholding an amount equal to the unsubstantiated expense <br />from the Participant’s compensation (if and as allowed by applicable law), and/or <br />offsetting such amount against future eligible claims under the Plan. If such <br />amounts cannot be recovered, the Participant shall be indebted to the Employer <br />and the Employer shall treat the debt as any other business indebtedness. <br />(9) The use of an electronic payment card does not constitute a “claim” under the <br />claims procedures. <br />(10) For purposes of the Grace Period that overlaps with the first portion of the next <br />Plan Year, claims incurred during the Grace Periods must be submitted as paper