Some 45 million people will have to get what amounts to a prescription from a doctor in order to be reimbursed for over the counter medications such as cold and flu remedies or allergy medicines starting in January.

"The changes are going to add an unnecessary cost to the system and make it more difficult for patients to obtain medication they currently rely on," explained Robert Zirklebach of America's Health Insurance Plan.

Those millions of Americans are getting notices that pre-tax money they set aside for flexible spending or health savings accounts can no longer be used for over the counter drugs unless a doctor writes it out like a prescription.

Things such as Tylenol, remedies for stomach ailments, cold and cough medicines, allergy medications and many others. The National Organization of Chain Drugstores is asking the federal government to at least delay the rules for two years:


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“We are talking about 15,000 over the counter products that now are subject to this new policy," said Chris Krese of the National Association of Chain Drug Stores. "In order to carry this out in a way that minimizes consumer confusion and that really makes it possible for healthcare provider such as pharmacies to implement this new policy.”

One of the complications of this policy is that people will be forced to make an appointment with their doctor in order to use flex spending money for over the counter drugs:
 
"An office visit associated with that there's, you know, the doctors are going to have to charge you for an office visit," said Ed Haislmaier of the Heritage Foundation.

"That's going to add cost at the doctor's office, that's going to take time out of my day that's make it more likely that I will go without taking the medication that I need," added Zirkelbach.

Not only that, but with chronic conditions such as allergies, it might be cheaper to get a prescription drug if your health plan has a reasonable co-pay:
     
“So you'd be inclined to go with the prescription drug that might in the end have a higher total cost, but you pay a lower share of that total cost," continued Haislmaier.

A higher cost for the employer, but not the individual.

"An incentive for me to use a higher cost prescription medication instead of using more affordable over the counter medication that works just as well,” said Zirkelbach.

In addition, starting in 2013, FSA contributions will be capped at $2,500 a year. That's half the current average.