Eligible Merchant Categories & SIC Codes for HSA/FSA Acceptance
Health Savings Accounts (HSAs) and Flexible Spending Accounts (FSAs) can only be used at merchants who meet specific IRS-defined criteria. The eligibility of a merchant is determined by its assigned Standard Industrial Classification (SIC) code, which reflects the type of goods or services sold.
This article outlines the two key categories of eligible merchants:
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Standard Eligible Healthcare Merchants
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90% Rule Merchants (Primarily Pharmacies)
Standard Eligible Healthcare Merchant Categories
Merchants in these categories are automatically eligible to accept HSA/FSA cards, provided their SIC code matches one of the IRS-recognized healthcare-related codes.
Eligible SIC Codes:
| SIC Code | Merchant Category |
|---|---|
| 8011 | Offices & Clinics of Doctor of Medicine |
| 8021 | Offices & Clinics of Dentists |
| 8031 | Offices & Clinics of Doctors of Osteopathy |
| 8041 | Offices & Clinics of Chiropractors |
| 8042 | Offices & Clinics of Optometrists |
| 8043 | Offices & Clinics of Podiatrists |
| 8049 | Offices & Clinics of Other Health Practitioners |
| 8050 | Offices & Clinics of Nursing and Personal Care Facilities |
| 8062 | Offices & Clinics of General Medical and Surgical Hospitals |
| 8071 | Medical and Dental Laboratories |
| 8099 | Miscellaneous Health and Allied Services |
**Not elsewhere classified |
|
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These codes are typically assigned by the merchant's acquirer or payment processor.
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Merchants in these categories can accept HSA/FSA cards without additional certification or reporting requirements.
90% Rule Merchants (Primarily Pharmacies)
Merchants who do not fall under standard healthcare categories may still qualify to accept HSA/FSA payments if they meet the IRS “90% Rule.”
What is the 90% Rule?
Under IRS guidelines, a merchant may qualify if:
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90% or more of their gross sales (excluding taxes) are from eligible medical products or services.
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These merchants must register and certify compliance through an industry-approved process.
Commonly Eligible SIC Codes for 90% Rule:
| SIC Code | Merchant Category |
|---|---|
| 5912 | Drug Stores and Pharmacies |
| 5122 | Drug Proprietaries and Sundries Wholesalers |
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This certification is required for merchants who process more than 10% of their transactions via key entry and must comply with the 90% rule. It is particularly relevant for merchants operating in regulated or high-risk sectors who need to demonstrate legitimacy and compliance.
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To accept Health Savings Account (HSA) cards, all merchants must be registered with SIGIS (Special Interest Group for IIAS Standards).
You can verify a merchant's registration status by visiting the SIGIS website..
- At the top of the page, click on the "Store Locator" banner.
- From there, enter the merchant’s DBA (Doing Business As) name and store address to search the registry.
For additional assistance, you may contact SIGIS directly at 925-855-3228.
Why Merchant Classification Matters
Issuers and card processors use SIC codes to determine whether a transaction is eligible for HSA/FSA reimbursement or approval. If a merchant is not properly classified, transactions may be declined automatically, even if the purchase is for a qualified expense.
Tips for Merchants:
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Check your SIC code with your payment processor or acquiring bank.
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Consider reclassification if you're a healthcare provider with an incorrect or generic SIC.
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Pharmacies or multi-purpose retailers (e.g., supermarkets with pharmacy counters) should consider 90% Rule certification for eligibility.
See Also: