Maybe, maybe not. Some plans require copays to talk to your doctor, which, if you needed to do before getting a note about aspirin so that you could apply its cost against your HSA, might still be applied against you. So that bottle of aspirin would cost $1.89, plus the $40 copay for a doctor visit to get the note, for a grand total of $41.89 that you can bill to your HSA, for that bottle.
The tone of your question to me suggests that you think this scenario is so very impossible that condescension is necessary. I’m glad you’re so confident of your knowledge of the text of the health care law, what was intended by its authors, and how it is going to be interpreted in the courts (if it isn’t repealed or struck down), but I’m not so sure you are correct.
Who knows, maybe the Death Panels will write notes for bottles of aspirin for free - for those who happen to be card-carrying members of ACORN or the SEIU.
Sorry. My mistake. I thought you were taking this in a completely different direction.