Compliance Center
Merchant Compliance FAQ (HSA/FSA + Telemedicine + LMNs)
This page answers common merchant compliance questions about Medpaid’s telemedicine workflow for eligibility support and Letters of Medical Necessity (LMNs).
Note: This content is informational and not legal or tax advice.
A Letter of Medical Necessity (or “LMN”) is a document written by a licensed health care provider that explains why a specific product or service is medically necessary for a specific individual. Many products or services are automatically eligible for HSA/FSA reimbursement (referred to as “qualified medical expenses”) while others require an LMN before HSA funds can be used to cover the costs of the product or service.
An LMN is typically required when a product or service serves both medical purposes and personal care purposes (called “dual-purpose” products). In such cases, HSA/FSA “eligibility” depends on whether an expense meets the definition of “medical care” (defined in IRC Sec 213(d)(1)) and any plan substantiation rules. “Dual-purpose” wellness items are only eligible (i) if determined to be medically necessary by a licensed healthcare provider vis-à-vis an LMN, (ii) when used to treat or mitigate a specific medical condition and (iii) when supported by appropriate documentation (often an LMN).
Does a Letter of Medical Necessity (LMN) contain health claims?
No, it does not. An LMN is a clinical document authored/approved by a licensed healthcare provider that states the medical rationale for treatment of a specific customer using a specific product/service. It is not a marketing claim and is not intended to be used in public-facing product advertising.
What are the required elements of an LMN?
Each LMN will involve the following:
- Customer-specific: tied to individual medical information and the provider’s judgment.
- Purpose-limited: created to support plan substantiation / reimbursement documentation needs.
- Not “everyone gets approved”: approvals depend on the assessment + independent healthcare provider review and medical appropriateness. The healthcare provider exercises independent judgment from Medpaid.
- LMNs are generated on a per-customer basis after a structured health assessment by a licensed healthcare provider.
- LMNs are delivered to the customer and made available for secure storage/access (portal) when applicable.
- LMNs are typically valid for a defined period per product and per customer (commonly 12 months).
Are all the statements in an LMN issued through Medpaid aligned with IRS rules?
Yes. The IRS requires that each LMN substantiate whether an expense is medically necessary, qualifies as “medical care” and is primarily for diagnosis, cure, mitigation, treatment, or prevention of disease (rather than merely beneficial to general health).
How does an LMN legally allow some non-eligible items to become reimbursable through HSA/FSA funds?
Many items are considered dual-purpose (they may be used for general wellness but can also be used to treat or mitigate a specific medical condition). Under IRS frameworks, expenses that are merely beneficial to general health (such as skin creams or lotions, certain vitamin or health supplements, etc.) are generally not eligible, while expenses that meet the definition of “medical care” can be eligible.
- The LMN documents the letter issuer’s determination that the product or service in question is medically necessary for a specific condition/symptom profile.
- This supports the position that the expense is primarily for medical care rather than general wellness.
How is Medpaid’s health assessment a legal and fair qualification step in obtaining an LMN?
The assessment is designed to collect medically relevant, product-specific information needed for a licensed provider to evaluate appropriateness, including contraindications and safety acknowledgements. Assessments are structured to be consistent, product-aware (multi-SKU capable), and to prompt the information needed for a clinical review.
- Product-specific: questions can change based on SKU/category to ensure accurate documentation.
- Safety first: includes required acknowledgements (allergies, meds, pregnancy/lactation).
- Provider-reviewed: the assessment feeds into licensed provider review as part of the LMN workflow.
Are assessments reviewed by a licensed medical provider?
Yes—LMNs are issued through a workflow that includes licensed provider review/approval prior to issuance. Medpaid maintains a practitioner network and uses verified credentialing and compliant workflows to support LMN generation at scale.
What steps does Medpaid take to ensure legal compliance in the health assessment process?
- Consent-first flow: telehealth informed consent is required before submission.
- Contraindication prompts: allergy/medication/pregnancy acknowledgements at product level.
- Data handling controls: secure storage for customer documents and audit-friendly logging for eligibility actions.
- Clinical independence: healthcare provider decisioning is clinical and not guaranteed. Medpaid takes great care to ensure that each provider involved in the issuance of an LMN is given required discretion and independence in their evaluation and final determinations.
What laws allow telemedicine companies to support HSA/FSA “dual eligibility” with LMNs?
Telemedicine is a delivery method for licensed clinical services used to evaluate whether an expense is medically necessary for an individual and thus eligible for HSA/FSA payment or reimbursement.
- IRC §213(d): defines “medical care” (core eligibility concept).
- IRC §223(d)(2): defines “qualified medical expenses”.
- FSAs / cafeteria plans: often run under IRC §125 and incorporate medical expense rules.
- IRS guidance: Publication 502 and related IRS FAQs emphasize “not merely beneficial to general health.”
What steps does Medpaid take to qualify products for dual eligibility in a compliant way?
- Product eligibility review: clinical team evaluates product category, intended use, and supporting rationale.
- Dynamic assessment mapping: SKU-aware questions to gather relevant clinical context.
- Provider-approved LMN workflow: issued only after clinical review and approval.
- Audit logging: eligibility checks and actions can be logged for compliance traceability.
How does checkout remain compliant when a cart contains eligible and non-eligible items?
A common compliant pattern is cart-level routing: eligible items can be paid through the HSA/FSA pathway, while non-eligible items remain on the merchant’s standard payment method.
- Real-time SKU validation: helps ensure only eligible items route through the HSA/FSA flow.
- Split tender logic: eligible vs. non-eligible items are separated to reduce compliance risk.
Who is liable when customers are not honest on their health assessment?
Customers are typically required to attest that their information is accurate and complete. Clinical decisions are made based on the information provided, and customers may be responsible for repercussions of misrepresentation (including reimbursement denials by their plan administrator).
- Medpaid’s flow include's an accuracy attestation and informed consent.
- Merchants should avoid advising customers on tax outcomes and should direct customers to their plan administrator/account custodian when needed.
What protections can be in place to reduce merchant liability for telemedicine services rendered to customers?
- Clear role separation: Medpaid provides telemedicine; merchant sells products. Written agreements between the two parties will better define these rules and the responsibilities and obligations of each party.
- No guarantee language: avoid “guaranteed eligible/approved” claims; use “may be eligible with LMN where medically necessary.”
- Customer consent & disclosures: telehealth consent, privacy notices, and medical disclaimers.
- Document trail: LMNs delivered to customers, secure storage, and audit logs (where applicable).
Can a merchant be audited or punished for adopting HSA/FSA telemedicine services?
Any business can face questions from platforms, processors, or regulators depending on claims, practices, and data handling. The goal is to be audit-ready with clear documentation, accurate marketing, and compliant workflows.
- Keep records: eligibility rules used, logs, and product review outputs.
- Avoid misleading language: general health/wellness ≠ automatically eligible.
- Direct customers appropriately: reimbursement outcomes are decided by plan administrators/custodians and determinations of “medical necessity” are determined by licensed healthcare providers with independent discretion.
Do merchants need any liability coverage when integrating Medpaid’s telemedicine services?
Merchants should maintain their standard product/business coverage (as they already do), and Medpaid maintains coverage applicable to telemedicine operations. Coverage needs vary by product category, claims posture, and distribution footprint—merchants should consult their broker/counsel for specifics.
How does Medpaid protect customer confidentiality and sensitive health information?
- Secure communications: telehealth interactions occur through secure methods to protect privacy.
- Controlled access: LMN storage and access via secure portal when applicable.
- Minimum necessary data: collect what’s needed for assessment, review, and documentation.
What customer data should (and should not) flow into the merchant’s Shopify store?
Best practice is to limit the merchant’s access to what’s needed to fulfill an order (shipping/contact) and to keep clinical details within Medpaid systems.
- Merchant receives: purchase/order details needed for fulfillment.
- Medpaid holds: assessment responses, provider review artifacts, LMN documentation.
Required product-level allergy, medication, and pregnancy/lactation acknowledgement
Sample language: Do not take this product if you are allergic to any of its ingredients. Additionally, you should consult with your personal health care provider to review any potential interactions with your current medications, as well as to determine whether use is appropriate during pregnancy or lactation.
Required Telemedicine Consent Agreement (required to submit an LMN application)
Telehealth Informed Consent (summary): you are being asked to participate in a telehealth consultation at Medpaid LLC. Telehealth uses electronic communications to support diagnosis, therapy, follow-up, recommendations, and/or education.
- Purpose: provide care remotely without travel.
- Risks: transmission risks, technical difficulties, and possible incomplete assessment vs. in-person exams.
- Benefits: convenience, access, continuity of care.
- Confidentiality: information disclosed is confidential and protected by applicable privacy laws; secure methods used.
- Voluntary: you can withdraw at any time without impacting other care.
- Financial responsibility: you are responsible for costs; review billing policies.
- Consent: by signing, you acknowledge understanding and agree to participate.
What can merchants say on product pages without creating compliance risk?
- Prefer: “May be eligible for payment or reimbursement from your HSA/FSA with LMN when medically necessary if approved by your HSA/FSA administrator/custodian” (and link to this FAQ).
- Avoid: “Guaranteed eligible”, “IRS-approved”, or disease-treatment claims not supported by your regulatory posture.
- Be clear that reimbursement decisions are made by the customer’s HSA/FSA administrator/custodian.
How are returns, refunds, and chargebacks handled with HSA/FSA flows?
Your store’s standard return/refund policy remains in effect for the product sale. If a transaction is reversed (refund/chargeback), any associated eligibility artifacts may be impacted and logs should reflect the reversal. For "Pay with HSA/FSA," Medpaid settles any chargebacks and refunds on the next billing cycle as a credit minus fee's.
- Customer: should retain receipts + LMN; reimbursement eligibility may be affected by refunds and it is the patients responsibility to report a refund to their administrator.
- Merchant: should follow normal refund timelines and customer support SLAs.
Can minors complete a health assessment for an LMN?
Medpaid restricts telehealth assessments to adults and requires appropriate identity/age gating. If you sell products used by minors, a legal adult will be required to completed the health assessment.
How are settlements and reporting typically handled?
A common model is a monthly settlement based on usage/transactions, with clear reporting and audit logs available for operational review. Exact timing depends on your agreement and payment routing configuration.
Where do customers find Medpaid privacy terms for the telehealth experience?
Customers should be shown the applicable Medpaid privacy disclosures during the assessment/telehealth consent flow, and have access to them in a persistent location (e.g., your “Legal” page or within Medpaid’s customer portal if provided).
How long should customers keep their LMN and receipts?
Customers should retain their LMN and itemized receipts for at least 7 years in case their plan administrator/custodian requests substantiation. Many flows provide a secure portal for customers to access LMNs later.












