[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3459 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3459

 To amend title XVI of the Social Security Act to require the medical 
improvement standard to be used in redetermining the eligibility of 18-
   year-olds for supplemental security income benefits by reason of 
disability, and to allow funds in dedicated savings accounts to be used 
  for food, clothing, shelter, utility, and personal items of a child.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 12, 1998

  Mr. Rush (for himself, Mr. Waxman, and Mr. Martinez) introduced the 
 following bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
 To amend title XVI of the Social Security Act to require the medical 
improvement standard to be used in redetermining the eligibility of 18-
   year-olds for supplemental security income benefits by reason of 
disability, and to allow funds in dedicated savings accounts to be used 
  for food, clothing, shelter, utility, and personal items of a child.

    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 ``Disabled Children's Fairness Act of 
1998''.

SEC. 2. USE OF MEDICAL IMPROVEMENT STANDARD IN SSI DISABILITY 
              ELIGIBILITY REDETERMINATIONS FOR 18-YEAR-OLDS.

    (a) In General.--Section 1613(a)(3)(H)(iii) of the Social Security 
Act (42 U.S.C. 1382c(a)(3)(H)(iii)) is amended to read as follows:
    ``(iii) If an individual is eligible for benefits under this title 
by reason of disability for the month preceding the month in which the 
individual attains the age of 18 years, the Commissioner shall 
redetermine such eligibility--
            ``(I) during the 1-year period beginning on the 
        individual's 18th birthday or, in lieu of a continuing 
        disability review, whenever the Commissioner determines that an 
        individual's case is subject to a redetermination under this 
        clause; and
            ``(II) by applying paragraph (4).''.
    (b) Applicability.--The amendment made by subsection (a) shall 
apply to redeterminations made on or after the date of the enactment of 
this Act.

SEC. 3. USE OF DEDICATED SAVINGS ACCOUNT FUNDS FOR FOOD, CLOTHING, 
              SHELTER, UTILITY, AND PERSONAL ITEMS OF DISABLED 
              CHILDREN.

    (a) In General.--Section 1631(a)(2)(F)(ii)(II) of the Social 
Security Act (42 U.S.C. 1383(a)(2)(F)(ii)(II)) is amended--
            (1) by striking ``or'' at the end of item (ff);
            (2) by redesignating item (gg) as item (hh) and inserting 
        after item (ff) the following:
            ``(gg) food, clothing, shelter, utility, or personal items; 
        or''; and
            (3) by striking ``(gg),'' and inserting ``(hh),''.
    (b) Appeal Rights.--Section 1631(c)(1)(A) of such Act (42 U.S.C. 
1383(c)(1)(A)) is amended by inserting after the 3rd sentence the 
following: ``The Commissioner of Social Security shall provide 
reasonable notice and opportunity for a hearing and review to an 
eligible individual or eligible spouse (or the representative payee for 
an eligible individual or eligible spouse) who is in disagreement with 
any determination to disallow an expense from an account established 
for the eligible individual or eligible spouse (or by the 
representative payee) under subsection (a)(2)(F), if the eligible 
individual or eligible spouse (or the representative payee) requests a 
hearing or review on the matter in disagreement within sixty days after 
notice of such determination is received, and, if a hearing or review 
is held, shall, on the basis of evidence adduced at the hearing or 
review affirm, modify, or reverse his findings of fact and such 
decision. A determination described in the preceding sentence shall be 
considered to be an initial determination for purposes of any further 
administrative action.''.
    (c) Applicability.--The amendments made by subsection (a) shall 
apply to expenditures made before, on, or after the date of the 
enactment of this Act.
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