ESPACompliance

    Built on established
    IRS frameworks.

    The Employer Sponsored Preventive Access (ESPA) program operates strictly within the guidelines of Section 125 and 213(d) of the Internal Revenue Code.

    Understanding the Framework

    Compliance isn't an afterthought—it's the foundation of the ESPA program. We leverage decades-old tax codes to deliver modern benefits efficiently.

    Section 125 (Cafeteria Plan)

    Allows employees to pay for qualified benefits on a pre-tax basis. This reduction in taxable income lowers both the employee's income tax burden and the employer's FICA tax liability.

    Section 213(d)

    Defines "medical care" for tax purposes. The preventive and wellness services provided through ESPA qualify as medical care under this section, making them eligible for the tax-advantaged treatment provided by the Section 125 plan.

    Fully Managed Administration

    To ensure strict adherence to these codes, the program requires meticulous documentation and administration. You don't have to become a tax expert—our partners handle it.

    • Plan Documentation

      We provide the necessary Section 125 Premium Only Plan (POP) or full Cafeteria Plan documents required by the IRS.

    • Claims Substantiation

      Our third-party administrators (TPAs) rigorously substantiate claims to ensure all reimbursements meet the 213(d) criteria.

    • Non-Discrimination Testing

      We perform annual non-discrimination testing to ensure the plan does not disproportionately favor highly compensated employees.

    Legal Disclaimer

    The information provided here is for educational purposes only and does not constitute tax, legal, or insurance advice. While the ESPA program is designed to comply with IRS regulations, every employer's tax situation is unique. We strongly encourage all prospective clients to review the program details with their own independent tax counsel, payroll provider, and legal advisors prior to enrollment.

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    ESPA is a preventive benefit program built on IRS Section 125 and 213(d) frameworks, offered through Legacy Heritage Capital, powered by ESPA. This is not tax, legal, or insurance advice. Consult your own counsel.