[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1609 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 1609

 To amend the Social Security Act and title 38, United States Code, to 
 provide for sharing of medical information relating to determinations 
of disability between the Social Security Administration and Department 
                          of Veterans Affairs.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 10, 1995

  Ms. Waters introduced the following bill; which was referred to the 
   Committee on Ways and Means, and in addition to the Committee on 
 Veterans' Affairs, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Social Security Act and title 38, United States Code, to 
 provide for sharing of medical information relating to determinations 
of disability between the Social Security Administration and Department 
                          of Veterans Affairs.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION. 1. INFORMATION OBTAINED BY THE COMMISSIONER OF SOCIAL SECURITY 
              REGARDING DISABILITY DETERMINATIONS TO BE TRANSFERRED TO 
              SECRETARY OF VETERANS AFFAIRS.

    (a) Transfer of Information Relating to Eligibility for 
Supplemental Security Income.--Section 1631(f) of the Social Security 
Act (42 U.S.C. 1383(f)) is amended--
            (1) in the heading, by striking ``Furnishing of Information 
        by Other Agencies'' and inserting ``Information Sharing Between 
        Federal Agencies'';
            (2) by inserting ``(1) ''after ``(f)''; and
            (3) by adding at the end the following:
    ``(2) In a case in which the Commissioner determines the 
eligibility for supplemental security income of an individual who is a 
veteran (as defined in section 101 of title 38, United States Code), 
the Commissioner shall, subject to the consent the veteran, provide to 
the Secretary of Veterans Affairs medical information regarding the 
veteran which the Commissioner obtained when determining such 
eligibility and which may be relevant to determination of eligibility 
of the veteran for benefits under laws administered by the Secretary. 
Such information may include the Commissioner's determination of the 
veteran's eligibility for supplemental security income and the basis 
for that determination. The types of information to be provided shall 
be specified in an agreement to be entered into between the 
Commissioner and the Secretary.''.
    (b) Transfer of Information.--Section 221 of the Social Security 
Act (42 U.S.C. 422) is amended by adding at the end the following:
    ``(m) In a case in which the Commissioner has determined the 
eligibility for disability insurance benefit payments of an individual 
who is a veteran (as defined in section 101 of title 38, United States 
Code), the Commissioner shall, subject to the consent of the veteran, 
provide to the Secretary of Veterans Affairs medical information 
regarding the veteran which the Commissioner obtained when determining 
such eligibility and which may be relevant to determination of 
eligibility of the veteran for benefits under laws administered by the 
Secretary. Such information may include the Commissioner's 
determination of the veteran's eligibility for such payments and the 
basis for that determination. The types of information to be provided 
shall be specified in an agreement to be entered into between the 
Commissioner and the Secretary.''.

SEC. 2. SOCIAL SECURITY ADMINISTRATION DISABILITY INFORMATION OBTAINED 
              BY THE DEPARTMENT OF VETERANS AFFAIRS.

    (a) Requirement To Obtain Information.--Section 5106 of title 38, 
United States Code, is amended--
            (1) by inserting ``(a)'' before ``The head of any''; and
            (2) by adding at the end the following:
    ``(b) In a case in which the Secretary has received from a veteran 
an application for a disability benefit under laws administered by the 
Secretary and there is an issue of the nature or degree of disease or 
disability of the veteran, the Secretary shall, if the veteran has 
previously applied for supplemental security income under title XVI of 
the Social Security Act or for disability insurance benefit payments 
under title II of that Act, request the Commissioner of Social Security 
to provide to the Secretary any medical information obtained when 
determining the veteran's eligibility under such Act.''.
    (b) Use of Disability Determinations Made by the Social Security 
Administration.--(1) Subchapter I of chapter 51 of title 38, United 
States Code, is amended by adding at the end the following new section:
``Sec. 5109a. Use of disability determinations made by Social Security 
              Administration
    ``(a) When the Secretary receives from the Social Security 
Administration notice that the Commissioner of Social Security has 
determined that a veteran has a disease or disability, or has made a 
medical determination as to the nature or degree of a disease or 
disability of a veteran, in a case in which the veteran has applied for 
disability benefits under laws administered by the Secretary and the 
eligibility of such veteran for such benefits has not been determined 
by the Secretary, the Secretary shall accept such determination for 
purposes of determining the existence of such disability or the nature 
or degree of such disability for purposes of laws administered by the 
Secretary. The Secretary may not rely on a determination by the Social 
Security Administration that a disability does not exist.
    ``(b) When the Secretary has awarded a disability benefit to a 
veteran in reliance upon information obtained from the Social Security 
Administration, the Secretary shall periodically verify with the Social 
Security Administration the status of the veteran's disability. If the 
Social Security Administration has determined that the disability no 
longer exists, or that the nature or degree of the disability has 
changed, the Secretary shall review the award of disability benefits to 
the veteran.''.
    (2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 5109 the 
following new item:

``5109a. Use of disability determinations made by Social Security 
                            Administration.''.
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