[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2009 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2009

 To amend the Social Security Act to waive the 24-month waiting period 
for Medicare coverage of individuals disabled with amyotrophic lateral 
    sclerosis (ALS), to provide Medicare coverage of drugs used for 
    treatment of ALS, and to amend the Public Health Service Act to 
             increase Federal funding for research on ALS.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 23, 1997

 Mr. Capps (for himself and Mr. Gilman) introduced the following bill; 
which was referred to the Committee on Ways and Means, and in addition 
     to the Committee on Commerce, 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 to waive the 24-month waiting period 
for Medicare coverage of individuals disabled with amyotrophic lateral 
    sclerosis (ALS), to provide Medicare coverage of drugs used for 
    treatment of ALS, and to amend the Public Health Service Act to 
             increase Federal funding for research on ALS.

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

SECTION 1. SHORT TITLE; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Amyotrophic 
Lateral Sclerosis (ALS) Research, Treatment, and Assistance Act of 
1997''.
    (b) Findings.--Congress finds the following:
            (1) Amyotrophic Lateral Sclerosis (ALS), commonly known as 
        Lou Gehrig's Disease, is a progressive neuromuscular disease 
        characterized by a degeneration of the nerve cells of the brain 
        and spinal cord leading to the wasting of muscles, paralysis, 
        and eventual death.
            (2) Approximately 30,000 individuals in the United States 
        are afflicted with ALS at any time, with approximately 5,000 
        new cases appearing each year.
            (3) ALS usually strikes individuals who are 50 years of age 
        or older.
            (4) The life expectancy of an individual with ALS is 3 to 5 
        years from the time of diagnosis.
            (5) There is no know cure or cause for ALS.
            (6) Aggressive treatment of the symptoms of ALS can extend 
        the lives of those with the disease. Recent advances in ALS 
        research have produced promising leads, many related to shared 
        disease processes that appear to operate in many 
        neurodegenerative diseases.
    (c) Purposes.--It is the purposes of this Act--
            (1) to assist individuals suffering from ALS by waiving the 
        24-month waiting period for medicare eligibility on the basis 
        of disability for ALS patients and to provide medicare coverage 
        for outpatient drugs and therapies for ALS; and
            (2) to increase Federal funding of research into the cause, 
        treatment, and cure of ALS.

SEC. 2. WAIVER OF 24-MONTH WAITING PERIOD FOR MEDICARE COVERAGE OF 
              INDIVIDUALS DISABLED WITH AMYOTROPHIC LATERAL SCLEROSIS 
              (ALS).

    (a) In General.--Section 226(b) of the Social Security Act (42 
U.S.C. 426(b)) is amended--
            (1) by redesignating subsection (h) as subsection (j) and 
        by moving such subsection to the end of the section, and
            (2) by inserting after subsection (g) the following new 
        subsection:
    ``(h) For purposes of applying this section in the case of an 
individual medically determined to have amyotrophic lateral sclerosis 
(ALS), the following special rules apply:
            ``(1) Subsection (b) shall be applied as if there were no 
        requirement for any entitlement to benefits, or status, for a 
        period longer than 1 month.
            ``(2) The entitlement under such subsection shall begin 
        with the first month (rather than twenty-fifth month) of 
        entitlement or status.
            ``(3) Subsection (f) shall not be applied.''.
    (b) Conforming Amendment.--Section 1837 of such Act (42 U.S.C. 
1395p) is amended by adding at the end the following new subsection:
    ``(j) In applying this section in the case of an individual who is 
entitled to benefits under part A pursuant to the operation of section 
226(h), the following special rules apply:
            ``(1) The initial enrollment period under subsection (d) 
        shall begin on the first day of the first month in which the 
        individual satisfies the requirement of section 1836(1).
            ``(2) In applying subsection (g)(1), the initial enrollment 
        period shall begin on the first day of the first month of 
        entitlement to disability insurance benefits referred to in 
        such subsection.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to benefits for months beginning after the date of the enactment 
of this Act.

SEC. 3. MEDICARE COVERAGE OF DRUGS TO TREAT AMYOTROPHIC LATERAL 
              SCLEROSIS (ALS).

    (a) In General.--Section 1861(s)(2) of the Social Security Act (42 
U.S.C. 1395x(s)(2)) is amended--
            (1) by striking ``and'' at the end of subparagraphs (N) and 
        (O),
            (2) by adding ``and'' at the end of subparagraph (Q), and
            (3) by adding at the end the following new subparagraph:
            ``(R) any drug (which is approved by the Federal Food and 
        Drug Administration) prescribed for use in the treatment or 
        alleviation of symptoms relating to amyotrophic lateral 
        sclerosis (ALS);''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to drugs furnished on or after the first day of the first month 
beginning after the date of the enactment of this Act.

SEC. 4. INCREASED FEDERAL FUNDS FOR RESEARCH INTO AMYOTROPHIC LATERAL 
              SCLEROSIS (ALS).

    For the purpose of conducting or supporting research on amyotrophic 
lateral sclerosis through the National Institutes of Health, there are 
authorized to be appropriated $25,000,000 for fiscal year 1998, and 
such sums as may be necessary for each of the fiscal years 1999 through 
2002. Such authorization is in addition to any other authorization of 
appropriations that may be available for such purpose.
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