IRS Section 213(d)

The home care you're paying for
may already be medical care.

A physician-signed Letter of Medical Necessity certifies that home care or companion care for a chronically ill person is medically necessary, which is what HSA and FSA reimbursement requires. General fitness and wellness are declined.

Physician-signed (MD/DO) Free assessment first Letter delivered within 48 hours

What the savings look like

At a 30% combined federal and state tax rate, $59/mo in pre-tax HSA spending costs about $41/mo out of pocket.

Line item Annual
co-op.care membership $708/yr ($59/mo)
HSA pre-tax savings (30% bracket) −$212/yr
Effective cost after tax savings ~$496/yr (~$41/mo)

Standalone LMN without membership: $199 flat. If your care spend is $1,000+/yr, the LMN pays for itself in the first year. HSA savings assume you pay membership fees from your HSA account using the LMN to establish eligibility. Actual savings depend on your tax bracket and plan rules.

Three steps to HSA eligibility

No appointment required. The physician reviews your intake asynchronously and delivers a signed letter.

1

Free assessment

Answer a short intake about the care situation — who needs care, what conditions are present, and what type of support is needed at home.

2

Physician review

A licensed physician (MD or DO) reviews your intake. If the medical necessity is supportable, they sign the Letter of Medical Necessity — typically within 48 hours.

3

File with your HSA

Submit the signed letter to your HSA or FSA administrator. Use your account to pay for eligible expenses. Renew annually.

First, check whether the care qualifies

A two-minute check that asks about the person and the help they need — not about a purchase — and gives an honest no when it should. It runs in your browser and stores nothing.

Take the 2-minute check →

Two ways to get your LMN

Letter only

Standalone LMN

$199 flat

A physician encounter, and documentation only where the clinical picture supports it. Strongest for care of a chronically ill loved one. We decline requests that do not meet the standard, and we say so before you pay.

  • One-time fee, valid 12 months
  • No membership required
  • Signed by a licensed physician
  • Delivered within 48 hours
Get standalone LMN at altru.care

Care for a chronically ill loved one is medical care by statute

This is the part most people get backwards, and it is the difference between a letter that holds up and one that does not. A letter cannot turn a personal expense into a medical one. But qualified long-term care services are already medical care under the tax code — and the statute names the documentation it wants.

Two conditions have to be met. The services must be required by a chronically ill individual, and they must be provided pursuant to a plan of care prescribed by a licensed health care practitioner. That is the whole mechanism. We are not converting anything; we are producing the certification and plan of care the statute already asks for.

“Chronically ill” has a precise meaning, and it is the standard we apply: certified as unable to perform at least two activities of daily living for at least 90 days without substantial assistance, or requiring substantial supervision because of severe cognitive impairment. Certification within the previous twelve months, renewed annually.

Personal and maintenance care count when they are part of that plan of care — which is why help with bathing, dressing, meals and supervision for a parent with dementia sits comfortably inside the definition, while a gym membership does not.

What we decline. General fitness and wellness. Food and supplements for general health. Anything where the request arrives as “I want a letter so I can pay for X” rather than a clinical picture. And anyone who does not meet the chronic-illness standard above — we will tell you before you pay, not after.

One thing to check first. HSA funds can pay for you, your spouse, and your tax dependents. If you are paying for a parent, they generally need to qualify as your dependent. We ask this at intake because it is the question that most often decides whether any of this works.

General information, not tax or legal advice. Eligibility depends on IRS rules, your plan’s terms, and your own circumstances.

One more rule, and it is the one that most often voids an otherwise perfect letter. Everything above is about who certifies. This is about who delivers the care.

Under §213(d)(11), payment for long-term care services is not treated as paid for medical care if the care is provided by your spouse or a relative — and the statute closes the obvious workaround by adding “directly or through a partnership, corporation, or other entity.” Routing a family member’s work through an LLC does not cure it.

What this means plainly: paying a non-relative professional caregiver for a chronically ill parent is the ordinary, workable case. But a daughter who leaves her job to care for her mother cannot be paid for it from an HSA — no matter how real the need, how genuine the encounter, or how well-written the letter. We would rather you know that now than after you have paid us.

The one carve-out is licensure. The statute excludes a relative’s care “unless the service is provided by a licensed professional with respect to such service.” A family member who holds a nursing or aide license, working within it, is not excluded. If you are a family caregiver, becoming licensed changes how the care you already give is treated.

“Relative” here follows §152(d)(2)(A)–(G): children, siblings, parents, grandparents, aunts and uncles, nieces and nephews, in-laws. General information, not tax advice.

What else your HSA can cover

IRS Section 213(d) allows HSA and FSA funds to pay for expenses that treat or mitigate a diagnosed medical condition. Many wellness services qualify — but the connection to a specific condition must be documented. That is what an LMN does.

Some categories — physical therapy, acupuncture — are already recognised medical expenses and generally need no letter. Others sit far closer to the line, and a letter alone will not move them across it. In March 2024 the IRS specifically warned that notes based merely on self-reported information do not convert a personal expense into medical care, and that documentation requires a real visit with the diagnosing and treating provider. We do not write those letters. General fitness, wellness and food expenses are declined.

Category Typical annual spend Common conditions LMN required?
Home care & companion care
Personal care, ADL support, supervised living assistance
$5,000 – $40,000 Dementia, fall risk, COPD, post-surgical recovery LMN required
Chiropractic care
Spinal adjustment, musculoskeletal treatment
$600 – $3,600 Back pain, neck pain, sciatica, headaches Generally no LMN
Physical therapy
PT sessions, home exercise programs
$1,200 – $6,000 Post-surgical rehab, orthopedic injuries, neurological conditions Generally no LMN
Acupuncture
Licensed acupuncturist sessions
$600 – $3,000 Chronic pain, nausea, migraines, arthritis Generally no LMN
Nutrition counseling & medical meal plans
Registered dietitian, therapeutic diet programs
$600 – $2,400 Obesity, diabetes, cardiovascular disease, eating disorders LMN required
Home modifications for medical need
Grab bars, ramps, stair lifts, walk-in shower conversions
$500 – $10,000 Fall risk, mobility impairment, wheelchair use, post-surgical recovery LMN required

One letter covers one category for 12 months. A separate letter is needed for each additional category. HSA plan administrator makes the final eligibility determination.

Frequently asked questions

Does home care actually qualify under IRS rules?
IRS Section 213(d) covers "medical care" — which includes expenses for diagnosis, cure, mitigation, treatment, or prevention of disease. When a physician documents that a person requires home care or companion care due to a medical condition, that care may qualify. A Letter of Medical Necessity is the mechanism that establishes this. HSA eligibility is ultimately determined by your plan administrator, not by us.
What conditions typically support an LMN for home care?
Common conditions include fall risk or post-fall recovery, early cognitive decline or dementia, chronic conditions that limit daily activities (COPD, heart failure, Parkinson's disease), post-surgical or post-hospitalization recovery, and functional limitations due to arthritis or neuropathy. The physician evaluates whether a genuine medical nexus exists between the condition and the need for in-home support.
Do all the categories of care on this page qualify automatically?
No. Categories marked "LMN required" need a physician to document a specific medical condition and explain why that expense is medically necessary to treat or mitigate it. Categories marked "generally no LMN" are broadly recognized as medical expenses under IRS Publication 502, but your specific plan administrator may still request documentation. Always confirm with your HSA or FSA administrator before submitting claims.
Can one letter cover more than one kind of care?
Generally, one letter covers one category of care for up to 12 months, then is renewed. It can stand for ongoing care within that category — for example, a letter certifying that in-home companion care for a chronically ill parent is medically necessary covers that plan of care through the certification period. A different category of care needs its own letter. A letter never turns a personal expense into medical care: if the underlying service is not treating a diagnosed condition, no letter makes it eligible.
What if my HSA administrator rejects the letter?
We recommend confirming eligibility with your plan administrator before paying for care. HSA and FSA rules vary by plan. If the physician determines that medical necessity cannot be documented for your situation, you will not be charged. Standalone LMN fee is only collected after the letter is signed and delivered.
HSA eligibility depends on your plan rules and what your physician documents. Not all expenses qualify under all plans. This site does not provide tax advice — consult a qualified tax professional for your situation. IRS Section 213(d) governs general medical expense deductibility; your plan administrator makes the final eligibility determination.