[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3382 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 3382

   To amend titles II and XVIII of the Social Security Act to waive 
  certain waiting periods for Social Security disability and Medicare 
     benefits in the case of a terminally ill, disabled individual.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 28, 2003

Mr. Rogers of Alabama introduced the following bill; which was referred 
to the Committee on Ways and Means, and in addition to the Committee on 
Energy and 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 titles II and XVIII of the Social Security Act to waive 
  certain waiting periods for Social Security disability and Medicare 
     benefits in the case of a terminally ill, disabled individual.

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

SECTION 1. WAIVER OF SOCIAL SECURITY DISABILITY WAITING PERIOD IN THE 
              CASE OF THE TERMINALLY ILL.

    (a) Disability Insurance Benefits.--Section 223(c)(2) of the Social 
Security Act (42 U.S.C. 423(c)(2)) is amended by inserting after and 
below subparagraph (B) the following new sentence:
``In the case of an individual described in section 226(j)(2), the 
reference in the preceding provisions of this paragraph to the `period 
of five consecutive calendar months' shall be deemed a reference to a 
`period of one calendar month', and the references in such provisions 
to the `seventeenth month' shall be deemed references to the 
`thirteenth month'.''.
    (b) Widow's Insurance Benefits Based on Disability.--Section 
202(e)(5) of such Act (42 U.S.C. 402(e)(5)) is amended--
            (1) in subparagraph (A), by adding after and below clause 
        (ii) the following new sentence:
``In the case of a terminally ill individual described in section 
226(j)(2), the reference in the preceding provisions of this 
subparagraph to a `period of five consecutive calendar months' shall be 
deemed a reference to a `period of one calendar month', the reference 
in clause (ii)(I) to the `seventeenth month' shall be deemed a 
reference to the `thirteenth month', and the reference in clause 
(ii)(II) to the `fifth month before' the month in which the period 
specified in paragraph (4) begins shall be deemed a reference to the 
`month before' the month in which such period begins.''; and
            (2) in subparagraph (B), by inserting ``(i)'' after 
        ``(B)'', by inserting ``in a case other than the case described 
        in clause (ii),'' after ``paragraph (1)(F)(i),'', and by adding 
        at the end the following new clause:
    ``(ii) In the case of a terminally ill individual described in 
section 226(j)(2), the `first month' described in clause (i) shall be 
treated as the waiting period referred to in paragraph (1)(F)(i).''.
    (c) Widower's Insurance Benefits Based on Disability.--Section 
202(f)(6) of such Act (42 U.S.C. 402(f)(6)) is amended--
            (1) in subparagraph (A), by adding after and below clause 
        (ii) the following new sentence:
``In the case of a terminally ill individual described in section 
226(j)(2), the reference in the preceding provisions of this 
subparagraph to a `period of five consecutive calendar months' shall be 
deemed a reference to a `period of one calendar month', the reference 
in clause (ii)(I) to the `seventeenth month' shall be deemed a 
reference to the `thirteenth month', and the reference in clause 
(ii)(II) to the `fifth month before' the month in which the period 
specified in paragraph (4) begins shall be deemed a reference to the 
`month before' the month in which such period begins.''; and
            (2) in subparagraph (B), by inserting ``(i)'' after 
        ``(B)'', by inserting ``in a case other than the case described 
        in clause (ii),'' after ``paragraph (1)(F)(i),'', and by adding 
        at the end the following new clause:
    ``(ii) In the case of a terminally ill individual described in 
section 226(j)(2), the `first month' described in clause (i) shall be 
treated as the waiting period referred to in paragraph (1)(F)(i).''.

SEC. 2. WAIVER OF MEDICARE DISABILITY WAITING PERIOD IN THE CASE OF THE 
              TERMINALLY ILL.

    (a) In General.--Section 226 of the Social Security Act (42 U.S.C. 
426) is amended--
            (1) by redesignating subsection (j) as subsection (k); and
            (2) by inserting after subsection (i) the following new 
        subsection:
    ``(j)(1) With respect to a terminally ill individual described in 
paragraph (2) who would be entitled to benefits under subsection (b) 
but for the 24-month waiting period under subsection (b)(2), the 
following special rules apply:
            ``(A) Subsection (b) shall be applied as if there were no 
        requirement for any entitlement to benefits, or status, for a 
        period longer than one month.
            ``(B) The entitlement under such subsection shall begin 
        with the first month (rather than twenty-fifth month) of 
        entitlement or status.
            ``(C) Subsection (f) shall not be applied.
    ``(2)(A) Subject to subparagraph (B), a terminally ill individual 
described in this paragraph is an individual who, in accordance with 
rules established by the Secretary, has been determined by a medical 
professional to have a medical condition that--
                    ``(i) no longer responds to aggressive, cure-
                oriented treatments; and
                    ``(ii) is expected to result in the death of the 
                individual within the next 12 months.
    ``(B) An individual described in subparagraph (A) shall not 
continue to be treated as a terminally ill individual under this 
paragraph after the end of the 12 months described in subparagraph 
(A)(ii) unless, before the end of such period, there is a review of the 
individual's medical condition by a medical professional and a 
determination that the individual has a condition that continues to 
meet the conditions specified in subparagraph (A) as of the date of the 
review.''.
    (b) Conforming Amendment.--Section 1837 of such Act (42 U.S.C. 
1395p) is amended by adding at the end the following new subsection:
    ``(k) In applying this section in the case of a terminally ill 
individual who is entitled to benefits under part A pursuant to the 
operation of section 226(j), 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.''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall apply to benefits for months 
beginning on or after January 1, 2004.
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