[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1712 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1712

  To amend title XVI of the Social Security Act to institute certain 
   reforms relating to representative payees and to the provision of 
    supplemental security income benefits to the disabled based on 
                substance abuse, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 7, 1993

  Mr. Thomas of California (for himself, Mr. Shaw, Mr. Oxley, and Mr. 
 Livingston) introduced the following bill; which was referred jointly 
      to the Committees on Ways and Means and Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To amend title XVI of the Social Security Act to institute certain 
   reforms relating to representative payees and to the provision of 
    supplemental security income benefits to the disabled based on 
                substance abuse, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``SSI Disability Reform Act of 1993''.

SEC. 2. REPRESENTATIVE PAYEE REFORMS.

    (a) Authority of Government Agencies to Become Paid Representative 
Payees.--Section 1631(a)(2)(D)(ii) of the Social Security Act (42 
U.S.C. 1383(a)(2)(D)(ii)) is amended by adding at the end the 
following: ``The term `qualified organization' also includes any 
government agency that meets the requirements of items (aa) and (bb) of 
subclause (II).''.
    (b) Maximum Fee Payable to Representative Payees.--Section 
1631(a)(2)(D)(i) of such Act (42 U.S.C. 1383(a)(2)(D)(i)) is amended by 
striking ``the lesser of--'' and all that follows and inserting ``10 
percent of the monthly benefit involved.''.

SEC. 3. REFORM OF SSI DISABILITY BENEFITS BASED ON SUBSTANCE ABUSE.

    (a) In General.--Section 1611(e)(3) of the Social Security Act (42 
U.S.C. 1382(e)(3)) is amended--
            (1) by striking all that precedes subparagraph (B) and 
        inserting the following:
    ``(3)(A) Notwithstanding paragraphs (1) and (2), a person who (but 
for this subparagraph) would be an eligible individual or eligible 
spouse for purposes of this title solely by reason of disability and 
who is medically determined to be a drug addict or an alcoholic shall 
not be such an eligible individual or eligible spouse until--
            ``(i) the person, through an outpatient rehabilitation 
        program, has undergone treatment appropriate for such condition 
        for 3 months at an institution or facility approved by the 
        Secretary for purposes of this paragraph, and has complied with 
        the terms, conditions, and requirements of such treatment and 
        with the requirements imposed under subparagraph (D); and
            ``(ii) the State in which the person resides determines 
        that--
                    ``(I) the person has made progress towards 
                recovery, or has recovered; or
                    ``(II) if the person has not made progress towards 
                recovery, the person meets such requirements 
                established in regulations as the Secretary deems 
                appropriate to effectuate the purposes of this 
                title.'';
            (2) by redesignating subparagraph (B) as subparagraph (D);
            (3) by inserting after the matter added by paragraph (1) of 
        this subsection the following:
    ``(B) If, after the 3-month treatment period referred to in 
subparagraph (A)(i), the State determines that the person has not 
recovered from the condition treated, then, as a condition of receiving 
benefits under this title by reason of disability, the person must 
continue to comply with the terms, conditions, and requirements of such 
treatment and with the requirements imposed under subparagraph (D), 
until recovery.
    ``(C)(i) A person who fails to continue treatment as required by 
subparagraph (B) shall not be an eligible individual or an eligible 
spouse for purposes of this title by reason of disability, until the 
person has completed 2 weeks of such treatment.
    ``(ii) A person who has become an eligible individual or an 
eligible spouse for purposes of this title by reason of disability 
after clause (i) has been applied to the person, and who fails to 
continue treatment as required by subparagraph (B), shall not be an 
eligible individual or an eligible spouse for purposes of this title by 
reason of disability, until the person has completed 2 months of such 
treatment.
    ``(iii) A person who has become an eligible individual or an 
eligible spouse for purposes of this title by reason of disability 
after clause (ii) has been applied to the person, and who fails to 
continue treatment as required by subparagraph (B), shall not again 
become an eligible individual or an eligible spouse for purposes of 
this title by reason of disability.''; and
            (4) by adding at the end the following:
    ``(E) The Secretary, in consultation with drug and alcohol 
treatment professionals, shall develop standards for drug and alcohol 
treatment programs, and in consultation with States, shall develop 
guidelines to be used to review and evaluate the progress of 
participants in such programs.''.
    (b) Preservation of Medicaid Benefits.--Section 1634 of such title 
(42 U.S.C. 1383c) is amended by adding at the end the following:
    ``(e) For purposes of title XIX, each person who is not an eligible 
individual or an eligible spouse solely by reason of section 1611(e)(3) 
shall be treated as receiving benefits under this title for so long as 
such person would be eligible for such benefits in the absence of such 
section.''.

SEC. 4. MANDATORY MEDICAID COVERAGE OF SUBSTANCE ABUSE TREATMENT 
              PROGRAMS FOR DISABLED SSI BENEFICIARIES.

    (a) In General.--Section 1905 of the Social Security Act (42 U.S.C. 
1396d) is amended--
            (1) in subsection (a)--
                    (A) by striking ``and'' at the end of paragraph 
                (21),
                    (B) by striking the comma at the end of paragraph 
                (24) and inserting a semicolon,
                    (C) by redesignating paragraphs (22), (23), and 
                (24) as paragraphs (25), (22), and (23), respectively, 
                and by transferring and inserting paragraph (25) after 
                paragraph (23), as so redesignated, and
                    (D) by inserting after paragraph (23) the following 
                new paragraph:
            ``(24) approved substance abuse treatment services for 
        certain disabled beneficiaries (as described in subsection 
        (t)(1)); and''; and
            (2) by adding at the end the following new subsection:
    ``(t)(1) For purposes of subsection (a)(24), approved substance 
abuse treatment services for certain disabled beneficiaries are 
services provided to an individual described in section 1611(e)(3)(A) 
through a program approved by the Secretary to provide substance abuse 
treatment services for purposes of enabling such individuals to meet 
the requirements of clause (i) of such section.
    ``(2) No payment shall be made under section 1903(a) to a State for 
medical assistance for approved substance abuse treatment services for 
certain disabled beneficiaries provided to any individual after the 3-
month period that begins on the date the individual first receives such 
services.''.
    (b) 100 Percent Federal Matching Rate.--The first sentence of 
section 1905(b) of such Act (42 U.S.C. 1396d(b)) is amended--
            (1) by inserting ``subject to clause (3),'' after ``except 
        that (1)'',
            (2) by striking ``and (2)'' and inserting ``(2)'', and
            (3) by inserting before the period at the end the 
        following: ``, and (3) subject to clause (2), the Federal 
        medical assistance percentage shall be 100 percent with respect 
        to expenditures as medical assistance for approved substance 
        abuse treatment services for certain disabled beneficiaries (as 
        described in section 1905(t)(1))''.
    (c) Conforming Amendments.--
            (1) Section 1902 of such Act (42 U.S.C. 1396a) is amended--
                    (A) in subsection (a)(10)(A) in the matter 
                preceding clause (i), by striking ``(17) and (21)'' and 
                inserting ``(17), (21), and (24)'';
                    (B) in subsection (a)(10)(C)(iv), by striking 
                ``through (21)'' and inserting ``through (24)''; and
                    (C) in subsection (j), by striking ``through (22)'' 
                and inserting ``through (25)''.
            (2) Section 1903(i) of such Act (42 U.S.C. 1396b(i)), as 
        amended by section 2(b)(2) of the Medicaid Voluntary 
        Contribution and Provider-Specific Tax Amendments of 1991, is 
        amended--
                    (A) in paragraph (10), by striking all that follows 
                ``1927(g)'' and inserting a semicolon;
                    (B) by redesignating the paragraph (12) inserted by 
                section 4752(a)(2) of the Omnibus Budget Reconciliation 
                Act of 1990 as paragraph (11), by transferring and 
                inserting it after paragraph (10), and by striking the 
                period at the end and inserting a semicolon;
                    (C) by redesignating the paragraph (14) inserted by 
                section 4752(e) of the Omnibus Budget Reconciliation 
                Act of 1990 as paragraph (12), by transferring and 
                inserting it after paragraph (11), and by striking the 
                period at the end and inserting a semicolon;
                    (D) by redesignating the paragraph (11) inserted by 
                section 4801(e)(16)(A) of the Omnibus Budget 
                Reconciliation Act of 1990 as paragraph (13), by 
                transferring and inserting it after paragraph (12), and 
                by striking the period at the end and inserting ``; 
                or''; and
                    (E) by inserting after paragraph (13), as so 
                redesignated, the following new paragraph:
            ``(14) with respect to any amount expended for medical 
        assistance for approved substance abuse treatment services for 
        certain disabled beneficiaries (as described in section 
        1905(t)(1)) which are provided in violation of paragraph (2) of 
        section 1905(t).''.
    (d) Effective Date.--The amendments made by this section apply to 
payments under title XIX of the Social Security Act for calendar 
quarters beginning on or after the first day of the second calendar 
quarter that begins on or after the date of the enactment of this Act, 
without regard to whether or not final regulations to carry out such 
amendments have been promulgated by such date.

SEC. 5. EFFECTIVE DATE.

    Except as provided in section 4(d), the amendments made by this Act 
shall apply to benefits payable for months beginning 90 or more days 
after the date of the enactment of this Act.

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