[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1918 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1918

   To waive the 24-month waiting period for disabled individuals to 
qualify for Medicare benefits in the case of individuals suffering from 
         terminal illnesses with not more than 2 years to live.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 10, 1999

  Mrs. Boxer introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
   To waive the 24-month waiting period for disabled individuals to 
qualify for Medicare benefits in the case of individuals suffering from 
         terminal illnesses with not more than 2 years to live.

    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 ``Medicare for Individuals With 
Terminal Illnesses Act of 1999''.

SEC. 2. ELIMINATION OF MEDICARE WAITING PERIOD FOR INDIVIDUALS WITH A 
              TERMINAL ILLNESS.

    (a) In General.--Section 226 of the Social Security Act (42 U.S.C. 
426) is amended by adding at the end the following:
    ``(j)(1) Notwithstanding subsection (f), each individual with a 
terminal illness (as defined in paragraph (2)) who would be described 
in subsection (b) but for the requirement that the individual has been 
entitled to the specified benefits for 24 months shall be entitled to 
hospital insurance benefits under part A of title XVIII for each month 
beginning with the latest of--
            ``(A) the first month after the expiration of the 24-month 
        period,
            ``(B) in the case of a qualified railroad retirement 
        beneficiary (as defined in subsection (d)), the first month of 
        the individual's entitlement or status as such a beneficiary, 
        or
            ``(C) the date of enactment of the Medicare for Individuals 
        With Terminal Illnesses Act of 1999.
    ``(2) As used in this subsection, the term `terminal illness' means 
a medically determinable physical impairment which is expected to 
result in the death of such individual within the next 24 months.''.
    (b) Conforming Amendments.--
            (1) Amendments to the railroad retirement act of 1974.--
        Section 7(d)(2) of the Railroad Retirement Act of 1974 (45 
        U.S.C. 231f(d)(2)) is amended--
                    (A) in clause (i), by striking ``or'' at the end;
                    (B) in clause (ii), by striking the comma at the 
                end and inserting ``; or''; and
                    (C) by inserting after clause (ii) the following:
            ``(iii)(I) has not attained age 65;
            ``(II) has a terminal illness (as defined in section 
        226(j)(2) of the Social Security Act); and
            ``(III) is entitled to an annuity under section 2 of this 
        Act, or under the Railroad Retirement Act of 1937 and section 2 
        of this Act, or could have been includable in the computation 
        of an annuity under section 3(f)(3) of this Act, and could 
        currently be entitled to monthly insurance benefits under 
        section 223 of the Social Security Act or under section 202 of 
        that Act on the basis of disability if service as an employee 
        after December 31, 1936, had been included in the term 
        `employment' as defined in that Act and if an application for 
        disability benefits had been filed,''.
            (2) Amendments to the social security act.--
                    (A) Description of program.--Section 1811 of the 
                Social Security Act (42 U.S.C. 1395c) is amended by 
                striking ``and (3)'' and inserting ``(3) individuals 
                under age 65 who have a terminal illness (as defined in 
                section 226(j)(2)) and who are eligible for benefits 
                under title II of this Act (or would have been so 
                entitled to such benefits if certain government 
                employment were covered under such title) or under the 
                railroad retirement system on the basis of a 
                disability, and (4)''.
                    (B) Hospital insurance benefits for disabled 
                individuals who have exhausted their entitlement.--
                Section 1818A of the Social Security Act (42 U.S.C. 
                1395i-2a) is amended--
                            (i) in subsection (a)(2)(A), by striking 
                        ``section 226(b)'' and inserting ``subsection 
                        (b) or (j) of section 226'';
                            (ii) in subsection (a)(2)(C), by striking 
                        ``section 226(b)'' and inserting ``subsection 
                        (b) or (j) of section 226'';
                            (iii) in subsection (b)(2), by striking 
                        ``section 226(b)'' and inserting ``subsection 
                        (b) or (j) of section 226''; and
                            (iv) in subsection (d)(1)(B)(ii), by 
                        striking ``section 226(b)'' and inserting 
                        ``subsection (b) or (j) of section 226''.
                    (C) Enrollment periods.--Section 1837 of the Social 
                Security Act (42 U.S.C. 1395p) is amended--
                            (i) in subsection (g)(1), by inserting 
                        ``but does not satisfy the requirements of 
                        section 226(j)'' after ``section 226(b)''; and
                            (ii) in subsection (i)(4)(A), by striking 
                        ``section 226(b)'' and inserting ``subsection 
                        (b) or (j) of section 226''.
                    (D) Exclusions from coverage and medicare as 
                secondary payer.--Section 1862(b)(1)(B)(i) of the 
                Social Security Act (42 U.S.C. 1395y(b)(1)(B)(i)) is 
                amended by striking ``section 226(b)'' and inserting 
                ``subsection (b) or (j) of section 226''.
    (c) Effective Date.--The amendments made by this Act shall apply 
with respect to any application for hospital insurance benefits 
submitted to the Secretary of Health and Human Services on or after the 
date of enactment of this Act.
                                 <all>