I wish this weren't true, but your DH is correct for the most part. I will avoid discussing the politics here

, but one effect of the new healthcare legislation is to eliminate most OTCs from being reimbursed through Medical Flexible Spending accounts. I don't believe this was an intended consequence so there may be further legislation to redefine.
However, as it stands now, beginning 1/1/11, OTCs will only be reimbursable on a flex account only if a doctor "prescribes" it. This means if you have an FSA visa/mastercard, you will not be able to use it for puchasing at the counter. You will need to submit a claim form and include with it a note from your doctor spelling out the drug name, dosage, and duration along with your receipt.
It's a bit confusing, but you can read additional information at
http://www.shrm.org/Publications/HRNews/Pages/FSAChallenges.aspx . This is the Society for Human Resource Management website and is a reliable source.
Wish I could tell you otherwise.