The Internal Revenue Service issued guidance Tuesday to make temporary changes to section 125 cafeteria plans, with the goal of providing tax relief and flexibility in the midst of the novel coronavirus pandemic. The IRS is extending the claims period for health care flexible spending arrangements and dependent care assistance programs and enabling taxpayers to make mid-year changes to their accounts.
The guidance released Tuesday by the IRS deals with the unanticipated changes in expenses faced by many taxpayers as a result of the COVID-19 pandemic. The IRS is now allowing its previously provided temporary relief for high deductible health plans to be applied retroactively to Jan. 1, 2020, and also increases for inflation the $500 permitted carryover amount for health FSAs to $550.
Brian Keller is vice president of AI and data science for LexisNexis Risk Solutions. In this role, Brian is responsible for driving AI strategy and execution for the insurance business, with a focus on workforce education, team enablement, and project execution that translates research and development into customer-facing capabilities.
Brian joined LexisNexis Risk Solutions in 2022 as part of the acquisition of Flyreel, where he led the software engineering and AI teams. During his tenure, Brian has developed and deployed AI and computer vision solutions, including aerial imagery and ground-level interior and exterior analysis, as well as 3D scene reconstruction for claims and underwriting use cases. He has also led the development of generative AI capabilities, including transcription, summarization, question answering, and agentic automation.
Brian holds a PhD in systems and industrial engineering and a master's degree in systems engineering from the University of Arizona, along with a bachelor's degree with majors in physics and business from the University of Mount Union.
Adam Barbera is the CEO and founder of Dost, a native-AI finance automation platform built for the way finance teams actually work. After years selling enterprise software to CFOs, he saw the same broken accounts payable processes repeated in every company he visited, and decided to fix it himself. He founded Dost in 2021 with two colleagues and closed a $7.8 million Series A in late 2025.
Kyle Jeziorski is managing director at Founder Shield. Kyle is the market-facing and client leader at Founder Shield. Before Founder Shield, Kyle worked at Marsh on the FINPRO team, focusing on management liability in the large private and public space. A graduate of Saint Joseph's University's Risk Management and Insurance Program, Kyle has focused his entire career helping clients navigate through an ever-changing risk environment.
In Notice 2020-29, the IRS is offering extra flexibility to taxpayers by:
- extending the claims periods for taxpayers to apply unused amounts remaining in a health FSA or dependent care assistance program for expenses incurred for those same qualified benefits through Dec. 31, 2020;
- expanding the ability of taxpayers to make mid-year elections for health coverage, health FSAs and dependent care assistance programs, allowing them to respond to changes in needs as a result of the COVID-19 pandemic; and
- applying earlier relief for high-deductible health plans to cover expenses related to COVID-19, and a temporary exemption for telehealth services retroactively to Jan. 1, 2020.
In conjunction with that notice, the IRS also issued Notice 2020-33, in response to the Trump administration’s Executive Order 13877, which directs the Treasury secretary to “issue guidance to increase the amount of funds that can carry over without penalty at the end of the year for flexible spending arrangements.” The notice ups the limit for unused health FSA carryover amounts from $500, to a maximum of $550, adjusted each year for inflation.
