[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1074 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1074

 To amend the Social Security Act to waive the 24-month waiting period 
for medicare coverage of individuals disabled with amyotrophic lateral 
    sclerosis (ALS), and to provide medicare coverage of drugs and 
  biologicals used for the treatment of ALS or for the alleviation of 
                       symptoms relating to ALS.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 19, 1999

     Mr. Torricelli (for himself, Mr. Wellstone, and Mr. Sarbanes) 
introduced the following bill; which was read twice and referred to the 
                          Committee on Finance

_______________________________________________________________________

                                 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), and to provide medicare coverage of drugs and 
  biologicals used for the treatment of ALS or for the alleviation of 
                       symptoms relating to 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; PURPOSES.

    (a) Short Title.--This Act may be cited as the ``Amyotrophic 
Lateral Sclerosis (ALS) Treatment and Assistance Act of 1999''.
    (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 known 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
            (2) to provide medicare coverage of drugs and biologicals 
        used for the treatment of ALS or for the alleviation of 
        symptoms relating to 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 of the Social Security Act (42 U.S.C. 
426) 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:
    ``(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:
    ``(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 subparagraph (S);
            (2) by striking the period at the end of subparagraph (T) 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(U) any drug (which is approved by the Commissioner of 
        Food and Drugs under section 505 of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 355)) or biological (which is licensed 
        by the Secretary of Health and Human Services under section 351 
        of the Public Health Service Act (42 U.S.C. 262)) prescribed 
        for use in the treatment of amyotrophic lateral sclerosis (ALS) 
        or the alleviation of symptoms relating to 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 enactment of this Act.
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