[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3264 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3264

To amend titles XVI and XIX of the Social Security Act to improve work 
                incentives for people with disabilities.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 12, 1993

Mr. Stark (for himself, Mr. Ramstad, and Mr. Beilenson) introduced the 
 following bill; which was referred jointly to the Committees on Ways 
                   and Means and Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To amend titles XVI and XIX of the Social Security Act to improve work 
                incentives for people with disabilities.

    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 ``Work Incentives Amendments of 
1993''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
                 TITLE I--ACCESS TO SSI WORK INCENTIVES

Sec. 101. Access to work incentives under SSI for SSDI-only recipients 
                            who lose eligibility for SSDI benefits 
                            because of working.
               TITLE II--WORK INCENTIVES WAIVER AUTHORITY

Sec. 201. Eligibility of certain individuals with disabilities for 
                            coverage under Medicaid home and community-
                            based care waivers.
Sec. 202. Waiver authority.
          TITLE III--AMENDMENTS TO WORK INCENTIVES PROVISIONS

Sec. 301. Disregard deemed income of ineligible spouse when determining 
                            continued Medicaid eligibility under 
                            section 1619(b).
Sec. 302. Continuation of Medicaid for the aged who lose SSI due to 
                            excess earnings.
Sec. 303. Self-support plans not disapproved within 30 days to be 
                            deemed approved.
Sec. 304. Regulations regarding completion of self-support plans.
Sec. 305. Exclusion of income and resources under self-support plans in 
                            determining Medicaid eligibility in 
                            ``section 209(b)'' States.
Sec. 306. Expansion of self-support plans to include housing goals.
Sec. 307. Self-support plans for the aged.
Sec. 308. Additional State supplementation requirement.
Sec. 309. Treatment of unemployment compensation, worker's 
                            compensation, and sick pay as earned income 
                            for SSI purposes.
Sec. 310. Treatment of certain grant, scholarship, or fellowship income 
                            as earned income for SSI purposes.
Sec. 311. SSI eligibility for students temporarily abroad.
                        TITLE IV--EFFECTIVE DATE

Sec. 401. Effective date.

                 TITLE I--ACCESS TO SSI WORK INCENTIVES

SEC. 101. ACCESS TO WORK INCENTIVES UNDER SSI FOR SSDI-ONLY RECIPIENTS 
              WHO LOSE ELIGIBILITY FOR SSDI BENEFITS BECAUSE OF 
              WORKING.

    (a) In General.--Section 1619 of the Social Security Act (42 U.S.C. 
1382h) is amended--
            (1) in subsection (a), by adding at the end the following:
    ``(3) Notwithstanding paragraph (1) of this subsection, a qualified 
individual shall not be required to have been eligible to receive 
benefits under section 1611 (or a State supplementary payment) for a 
month in order to qualify for a monthly benefit under this 
subsection.'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by inserting ``(or, in the 
                case of a qualified individual, because of his or her 
                resources)''; and
                    (B) by adding at the end the following:
    ``(4)(A) The requirement in paragraph (1) of this subsection, that 
an individual must have been eligible to receive a benefit under 
section 1611 or any federally administered State supplementary payment 
for a month, shall not apply to any qualified individual.
    ``(B) In applying paragraph (1) of this subsection to a qualified 
individual, the Secretary shall, for 12-month period beginning 3 months 
after the end of the individual's period of trial work (as defined in 
section 222(c)), disregard that portion of the resources of the 
individual, as of the beginning of such 12-month period, that exceeds 
the amount which would otherwise result in the ineligibility of the 
individual for benefits under this title.''; and
            (3) by adding at the end the following:
    ``(e) Benefits paid under subsection (d)(1)(B)(ii), (d)(6)(A)(ii), 
(d)(6)(B), (e)(1)(B)(ii), or (f)(1)(B)(ii) of section 202 or under 
subsection (a)(1) of section 223 during the last 33 months of the 36-
month period referred to in section 223(e) in the case of a qualified 
individual shall not be considered in determining whether such 
individual meets the requirements of subsection (b)(1)(B).
    ``(f) As used in this section, the term `qualified individual' 
means an individual--
            ``(1) who has been entitled to benefits under subsection 
        (d), (e), or (f) of section 202 based on disability, or 
        disability insurance benefits under section 223;
            ``(2) who is notified by the Secretary that he or she has 
        engaged in substantial gainful activity; and
            ``(3) who files an application for benefits under this 
        title before the end of the 3-month period beginning with the 
        date of the notification referred to in paragraph (2).''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act, and shall apply 
with respect to periods of trial work (as defined in 222(c) of the 
Social Security Act) ending on or after the date that is 3 months 
before such date of enactment.

               TITLE II--WORK INCENTIVES WAIVER AUTHORITY

SEC. 201. ELIGIBILITY OF CERTAIN INDIVIDUALS WITH DISABILITIES FOR 
              COVERAGE UNDER MEDICAID HOME AND COMMUNITY-BASED CARE 
              WAIVERS.

    (a) In General.--Section 1915(c) of the Social Security Act (42 
U.S.C. 1396n(c)) is amended by adding at the end the following new 
paragraph:
    ``(11)(A) At the request of a State, the State plan may provide 
services under a waiver under this subsection to any individual 
described as follows (but only if such individual would otherwise be 
entitled to services under the waiver):
            ``(i) An individual who receives benefits under subsection 
        (d), (e), or (f) of section 202 based on disability, or 
        disability insurance benefits under section 223.
            ``(ii) An individual who would be entitled to benefits 
        under subsection (d), (e), or (f) of section 202 based on 
        disability, disability insurance benefits under section 223, or 
        benefits under title XVI on the basis of a disability, if the 
        individual's earnings did not exceed the applicable criteria 
        used by the Secretary to determine whether an individual has 
        demonstrated an ability to engage in substantial gainful 
        activity.
    ``(B) In the case of an individual described in subparagraph 
(A)(ii), a waiver under this subsection may also include a waiver of 
the provisions of section 1903(f)(4)(C) requiring the Secretary to 
disregard subsection (b) of section 1612 in determining whether the 
individual's income exceeds 300 percent of the supplemental security 
income benefit rate established by section 1611(b)(1).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to waivers under section 1915(c) of the Social Security Act for 
quarters beginning 90 or more days after the date of the enactment of 
this Act.

SEC. 202. WAIVER AUTHORITY.

    Part A of title XVI of the Social Security Act (42 U.S.C. 1381-
1382j)) is amended by adding at the end the following:

``SEC. 1622. WORK INCENTIVES.

    ``(a) Request.--For the purpose of enabling individuals who are 
aged, blind, or disabled individuals to work, any State may request the 
Secretary to apply subsection (c) with respect to the residents of the 
State.
    ``(b) Provision of Work Incentives.--The Secretary shall apply 
subsection (c) with respect to the residents of a State that has 
submitted a request under subsection (a) if the Secretary finds that 
doing so would be cost-effective and efficient and not inconsistent 
with the purposes of this title, and would encourage work by 
individuals with severe disabilities.
    ``(c) Nature of Work Incentives.--In determining whether any 
resident of the State is eligible for benefits under this title and, if 
so, the amount of such benefits--
            ``(1) section 1612(b)(4) shall be applied--
                    ``(A) by substituting `not more than $2,400 (as 
                agreed upon by the Secretary and the State in which the 
                individual resides)' for `$780' each place such term 
                appears; and
                    ``(B) by substituting `one-third' for `one-half' 
                each place such term appears; and
            ``(2) earned income shall be excluded under section 1612(b) 
        only pursuant to paragraphs (1), (2)(A), and (4) of such 
        section.''.

          TITLE III--AMENDMENTS TO WORK INCENTIVES PROVISIONS

SEC. 301. DISREGARD DEEMED INCOME OF INELIGIBLE SPOUSE WHEN DETERMINING 
              CONTINUED MEDICAID ELIGIBILITY UNDER SECTION 1619(b).

    Section 1614(f)(1) of the Social Security Act (42 U.S.C. 
1382c(f)(1)) is amended by inserting ``(other than under section 
1619(b))'' after ``benefits''.

SEC. 302. CONTINUATION OF MEDICAID FOR THE AGED WHO LOSE SSI DUE TO 
              EXCESS EARNINGS.

    Section 1619 of the Social Security Act (42 U.S.C. 1382h) is 
amended by adding at the end the following:
    ``(e) For purposes of title XIX, any individual who was determined 
to be an eligible individual (or eligible spouse) by reason of age and 
was eligible to receive benefits under section 1611 (or a federally 
administered State supplementary payment) for a month, and who becomes 
ineligible to receive such benefits for a subsequent month solely due 
to excess income shall, nevertheless, be considered to be receiving 
supplemental security income benefits for so long as--
            ``(1) the individual continues to be otherwise eligible for 
        benefits under this title;
            ``(2) the income of the individual would not, except for 
        his earnings, be equal to or in excess of the amount which 
        would cause the individual to be ineligible for payments under 
        section 1611(b) (if the individual were otherwise eligible for 
        such payments); and
            ``(3) the earnings of the individual are as described in 
        subsection (b)(1)(D), and determined in accordance with 
        subsection (b)(2).''.

SEC. 303. SELF-SUPPORT PLANS NOT DISAPPROVED WITHIN 30 DAYS TO BE 
              DEEMED APPROVED.

    (a) Amendments to Income Exclusion Rules.--Section 1612(b)(4) of 
the Social Security Act (42 U.S.C. 1382a(b)(4)(A)) is amended in each 
of subparagraphs (A) and (B) by inserting ``and, for purposes of this 
clause, a plan for self-support which is not disapproved by the 
Secretary within 30 days after the date of submission shall be deemed 
to be approved by the Secretary until subsequently disapproved by the 
Secretary,'' after ``plan,''.
    (b) Amendment to Resource Exclusion Rule.--Section 1613(a)(4) of 
such Act (42 U.S.C. 1382b(a)(4)) is amended by inserting ``and, for 
purposes of this paragraph, a plan for self-support which is not 
disapproved by the Secretary within 30 days after the date of 
submission shall be deemed to be approved by the Secretary until 6 
months after subsequently disapproved by the Secretary,'' after ``such 
plan''.

SEC. 304. REGULATIONS REGARDING COMPLETION OF SELF-SUPPORT PLANS.

    Section 1633 of the Social Security Act (42 U.S.C. 1383b) is 
amended by adding at the end the following:
    ``(d) The Secretary shall establish a time limit by which 
activities under a plan for achieving self-support must be completed, 
using criteria that take into account the difficulty of achieving self-
support based on the needs of the individual and the goals of the 
plan.''.

SEC. 305. EXCLUSION OF INCOME AND RESOURCES UNDER SELF-SUPPORT PLANS IN 
              DETERMINING MEDICAID ELIGIBILITY IN ``SECTION 209(b)'' 
              STATES.

    (a) In General.--
            (1) Determination of income.--The first sentence of section 
        1902(f) of the Social Security Act (42 U.S.C. 1396a(f)) is 
        amended--
                    (A) by striking ``and incurred expenses'' and 
                inserting ``incurred expenses''; and
                    (B) by striking ``thereof)'' and inserting the 
                following: ``thereof, and any income of an individual 
                with a plan for achieving self-support approved by the 
                Secretary under section 1612(b)(4))''.
            (2) Determination of resources.--The first sentence of such 
        section is amended by striking ``is not'' and inserting the 
        following: ``and the resources of any such individual 
        (excluding any resources excluded under a plan for achieving 
        self-support approved by the Secretary under section 
        1613(a)(4)) are not''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to quarters beginning on or after the expiration of the 90-day 
period that begins on the date of the enactment of this Act.

SEC. 306. EXPANSION OF SELF-SUPPORT PLANS TO INCLUDE HOUSING GOALS.

    (a) Income Disregard Rules.--Section 1612(b)(4) of the Social 
Security Act (42 U.S.C. 1382a(b)(4)) is amended in each of 
subparagraphs (A)(iii) and (B)(iv), by inserting ``, containing a 
career or housing goal, that has been'' before ``approved''.
    (b) Resource Disregard Rules.--Section 1613(a)(4) of such Act (42 
U.S.C. 1382b(a)(4)) is amended by inserting ``, containing a career or 
housing goal, that has been'' before ``approved''.

SEC. 307. SELF-SUPPORT PLANS FOR THE AGED.

    (a) Income Exclusion.--Section 1612(b)(4) of the Social Security 
Act (42 U.S.C. 1382a(b)(4) is amended--
            (1) in subparagraph (A), by striking the comma at the end 
        and inserting ``; or'';
            (2) in subparagraph (B)--
                    (A) by striking ``(and has not'' and all that 
                follows through ``age 65),'' and inserting ``, or has 
                attained age 65'';
                    (B) in clause (ii), by inserting ``in the case of 
                such a disabled individual (or spouse),'' after 
                ``(ii)''; and
                    (C) in clause (iv), by striking ``, or'' and 
                inserting a semicolon; and
            (3) by striking subparagraph (C).
    (b) Resource Exclusion.--Section 1613(a)(4) of such Act (42 U.S.C. 
1382b(a)(4)) is amended by striking ``who is blind or disabled and''.

SEC. 308. ADDITIONAL STATE SUPPLEMENTATION REQUIREMENT.

    Section 1616 of the Social Security Act (42 U.S.C. 1382e) is 
amended--
            (1) in subsection (b)(1), by inserting ``(or, by reason of 
        section 1619, are considered to be)'' before ``receiving''; and
            (2) in subsection (c), by striking paragraph (3).

SEC. 309. TREATMENT OF UNEMPLOYMENT COMPENSATION, WORKER'S 
              COMPENSATION, AND SICK PAY AS EARNED INCOME FOR SSI 
              PURPOSES.

    Section 1612(a)(1) of the Social Security Act (42 U.S.C. 
1382a(a)(1)) is amended--
            (1) by striking ``and'' at the end of subparagraph (D); and
            (2) by adding at the end the following:
                    ``(F) unemployment compensation benefits and 
                worker's compensation benefits paid under any Federal 
                or State law, and benefits paid to an individual as 
                compensation for sick leave not taken by the 
                individual; and''.

SEC. 310. TREATMENT OF CERTAIN GRANT, SCHOLARSHIP, OR FELLOWSHIP INCOME 
              AS EARNED INCOME FOR SSI PURPOSES.

    Section 1612(a)(1) of the Social Security Act (42 U.S.C. 
1382a(a)(1)), as amended by section 309 of this Act, is amended--
            (1) by striking ``and'' at the end of subparagraph (E); and
            (2) by adding at the end the following:
                    ``(G) any grant, scholarship, or fellowship 
                described in section 1612(b)(7) to the extent not 
                excluded from income pursuant to such section.''.

SEC. 311. SSI ELIGIBILITY FOR STUDENTS TEMPORARILY ABROAD.

    Section 1611(f) of the Social Security Act (42 U.S.C. 1382(f)) is 
amended by adding at the end the following: ``The 1st sentence of this 
subsection shall not apply to any individual who demonstrates to the 
satisfaction of the Secretary that the absence of the individual from 
the United States will be temporary and for the purpose of conducting 
studies as part of an educational program related to an educational 
institution in the United States.''.

                        TITLE IV--EFFECTIVE DATE

SEC. 401. EFFECTIVE DATE.

    Except as otherwise provided in this Act, the amendments made by 
this Act shall take effect on the 1st day of the 1st calendar month 
that begins 90 or more days after the date of the enactment of this 
Act.

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