[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 728 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 728

   To provide for the inclusion of specific items in any listing of 
 impairments for the evaluation of human immunodeficiency virus (HIV) 
infection prescribed in regulations of the Secretary for use in making 
  determinations of disability under titles II and XVI of the Social 
                             Security Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 2, 1993

Mr. Matsui (for himself and Mr. Jacobs) introduced the following bill; 
         which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
   To provide for the inclusion of specific items in any listing of 
 impairments for the evaluation of human immunodeficiency virus (HIV) 
infection prescribed in regulations of the Secretary for use in making 
  determinations of disability under titles II and XVI of the Social 
                             Security Act.

    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 ``Social Security and SSI AIDS 
Disability Act of 1993''.

SEC. 2. SPECIFIC ITEMS REQUIRED IN LISTING OF IMPAIRMENTS FOR 
              EVALUATION OF HUMAN IMMUNODEFICIENCY VIRUS (HIV) 
              INFECTION.

    (a) In General.--The Secretary of Health and Human Services shall 
include, in any listing of impairments for the evaluation of human 
immunodeficiency virus infection used in making determinations of 
disability under title II or XVI of the Social Security Act, in 
addition to such other items as the Secretary may include in the 
Secretary's discretion, items as specified in paragraphs (1), (2), and 
(3) of this subsection.
            (1) The Secretary shall include the following among 
        impairments for which meeting a functional test is not required 
        in order to support a determination of disability, subject only 
        to the requirements that a test for human immunodeficiency 
        virus infection has been administered and that the results of 
        such test are positive--
                    (A) pelvic inflammatory disease with three or more 
                episodes or one or more episodes that require 
                hospitalization or surgery;
                    (B) cervical cancer, FIGO stage IB; and
                    (C) syphilis or neurosyphilis refractory to 
                appropriate treatment.
            (2) The Secretary shall include the following among 
        impairments for which meeting a functional test is not required 
        in order to support a determination of disability, but which 
        must be persistent or resistant to therapy:
                    (A) pneumonia;
                    (B) pulmonary tuberculosis;
                    (C) bacterial or fungal sepsis;
                    (D) meningitis;
                    (E) septic arthritis;
                    (F) endocarditis;
                    (G) peripheral neuropathy;
                    (H) Kaposi's sarcoma; and
                    (I) abscess of an internal body organ or cavity 
                (excluding otitis media or superficial skin or mucosal 
                abscesses).
            (3) The Secretary shall include the following among 
        impairments which must last for at least two months and must 
        exist in combination with one other listed impairment, subject 
        to the requirement that a functional test be met with respect 
        to the combination of impairments--
                    (A) recurrent herpes simplex with lesions which 
                recur more often than every 8 weeks or which are 
                incompletely suppressed despite continuous maintenance 
                therapy;
                    (B) chronic anemia with persistent hemoglobin of 
                less than 10.0 or hematocrit of less than 30.0 
                (regardless of AZT intake) or the need for blood 
                transfusions more often than twice yearly;
                    (C) genital warts caused by human papilloma virus 
                which are unresponsive to therapy; and
                    (D) chronic genital ulcers which fail to respond to 
                treatment.
    (b) Functional Test Requirements.--
            (1) In general.--With respect to any item in a listing of 
        impairments described in subsection (a) (irrespective of 
        whether such item is listed in subsection (a) or is otherwise 
        listed in regulations of the Secretary), any requirement for a 
        functional test shall be treated as met if one of the following 
        requirements are met--
                    (A) a marked restriction of activities of daily 
                living (evidenced in any case in which the individual 
                is most of the time unable to perform independently 
                such daily activities as household chores, grooming and 
                hygiene, using a post office, taking public 
                transportation, and paying bills);
                    (B) marked difficulties in maintaining social 
                functioning (evidenced in any case in which the 
                individual is most of the time unable to sustain 
                interaction and communication);
                    (C) marked difficulties in completing tasks in a 
                timely manner due to deficiencies in concentration, 
                persistence, or pace (evidenced in any case in which 
                the individual is most of the time unable to sustain 
                concentration, persistence, or pace to permit timely 
                completion of tasks commonly found in work settings); 
                or
                    (D) repeated episodes of decompensation, averaging 
                3 times a year or once every 4 months, lasting 2 or 
                more weeks each, which cause the individual to 
                deteriorate.
            (2) Marked restrictions or difficulties.--For purposes of 
        subparagraphs (A), (B), and (C) of paragraph (1)--
                    (A) a finding of a ``marked'' restriction or 
                difficulty may be based on a restriction or difficulty 
                with respect to either a single activity or function 
                referred to in such subparagraphs or any combination of 
                such activities or functions, if the degree of 
                restriction or difficulty is such that it seriously 
                interferes with the individual's ability to function 
                independently, appropriately, and effectively, and
                    (B) the term ``marked'' does not imply that the 
                impaired individual is confined to bed, hospitalized, 
                or in a nursing home.

SEC. 3. EFFECTIVE DATE.

    The provisions of section 2 shall apply with respect to 
determinations of disability made on or after December 18, 1991.

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