[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5156 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 5156

To amend title II of the Social Security Act to phase out the 24-month 
waiting period for disabled individuals to become eligible for Medicare 
  benefits, to eliminate the waiting period for individuals with life-
            threatening conditions, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 28, 2004

Mr. Green of Texas introduced the following bill; which was referred to 
                    the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
To amend title II of the Social Security Act to phase out the 24-month 
waiting period for disabled individuals to become eligible for Medicare 
  benefits, to eliminate the waiting period for individuals with life-
            threatening conditions, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Ending the 
Medicare Disability Waiting Period Act of 2004''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Phase out of waiting period for medicare disability benefits.
Sec. 3. Elimination of waiting period for individuals with life-
                            threatening conditions.
Sec. 4. Institute of medicine study and report on delay and prevention 
                            of disability conditions.

SEC. 2. PHASE OUT OF WAITING PERIOD FOR MEDICARE DISABILITY BENEFITS.

    (a) In General.--Section 226(b) of the Social Security Act (42 
U.S.C. 426(b)) is amended--
            (1) in paragraph (2)(A), by striking ``, and has for 24 
        calendar months been entitled to,'' and inserting ``, and for 
        the waiting period (as defined in subsection (k)) has been 
        entitled to,'';
            (2) in paragraph (2)(B), by striking ``, and has been for 
        not less than 24 months,'' and inserting ``, and has been for 
        the waiting period (as defined in subsection (k)),'';
            (3) in paragraph (2)(C)(ii), by striking ``, including the 
        requirement that he has been entitled to the specified benefits 
        for 24 months,'' and inserting ``, including the requirement 
        that the individual has been entitled to the specified benefits 
        for the waiting period (as defined in subsection (k)),''; and
            (4) in the flush matter following paragraph 
        (2)(C)(ii)(II)--
                    (A) in the first sentence, by striking ``for each 
                month beginning with the later of (I) July 1973 or (II) 
                the twenty-fifth month of his entitlement or status as 
                a qualified railroad retirement beneficiary described 
                in paragraph (2), and'' and inserting ``for each month 
                beginning after the waiting period (as so defined) for 
                which the individual satisfies paragraph (2) and'';
                    (B) in the second sentence, by striking ``the 
                `twenty-fifth month of his entitlement' refers to the 
                first month after the twenty-fourth month of 
                entitlement to specified benefits referred to in 
                paragraph (2)(C) and''; and
                    (C) in the third sentence, by striking ``, but not 
                in excess of 78 such months''.
    (b) Schedule for Phase Out of Waiting Period.--Section 226 of the 
Social Security Act (42 U.S.C. 426) is amended by adding at the end the 
following new subsection:
    ``(k) For purposes of subsection (b) (and for purposes of section 
1837(g)(1) of this Act and section 7(d)(2)(ii) of the Railroad 
Retirement Act of 1974), the term `waiting period' means--
            ``(1) for 2005, 18 months;
            ``(2) for 2006, 16 months;
            ``(3) for 2007, 14 months;
            ``(4) for 2008, 12 months;
            ``(5) for 2009, 10 months;
            ``(6) for 2010, 8 months;
            ``(7) for 2011, 6 months;
            ``(8) for 2012, 4 months;
            ``(9) for 2013, 2 months; and
            ``(10) for 2014 and each subsequent year, 0 months.''.
    (c) Conforming Amendments.--
            (1) Sunset.--Effective January 1, 2014, subsection (f) of 
        section 226 of the Social Security Act (42 U.S.C. 426) is 
        repealed.
            (2) Medicare description.--Section 1811(2) of such Act (42 
        U.S.C. 1395c(2)) is amended by striking ``entitled for not less 
        than 24 months'' and inserting ``entitled for the waiting 
        period (as defined in section 226(k))''.
            (3) Medicare coverage.--Section 1837(g)(1) of such Act (42 
        U.S.C. 1395p(g)(1)) is amended by striking ``of the later of 
        (A) April 1973 or (B) the third month before the 25th month of 
        such entitlement'' and inserting ``of the third month before 
        the first month following the waiting period (as defined in 
        section 226(k)) applicable under section 226(b)''.
            (4) Railroad retirement system.--Section 7(d)(2)(ii) of the 
        Railroad Retirement Act of 1974 (45 U.S.C. 231f(d)(2)(ii)) is 
        amended--
                    (A) by striking ``, for not less than 24 months'' 
                and inserting ``, for the waiting period (as defined in 
                section 226(k) of the Social Security Act); and
                    ``(B) by striking `could have been entitled for 24 
                calendar months, and' and inserting `could have been 
                entitled for the waiting period (as defined is section 
                226(k) of the Social Security Act), and'.
    ``(d) Effective Date.--Except as provided in subsection (c)(1), the 
amendments made by this section shall apply to insurance benefits under 
title XVIII of the Social Security Act with respect to items and 
services furnished in months beginning at least 90 days after the date 
of the enactment of this Act.''

SEC. 3. ELIMINATION OF WAITING PERIOD FOR INDIVIDUALS WITH LIFE-
              THREATENING CONDITIONS.

    (a) In General.--Section 226(h) of the Social Security Act (42 
U.S.C. 426(h)) is amended--
            (1) by redesignating paragraphs (1), (2), and (3) as 
        subparagraphs (A), (B), and (C), respectively;
            (2) in the matter preceding subparagraph (A) (as 
        redesignated by paragraph (1)), by inserting ``(1)'' after 
        ``(h)'';
            (3) in paragraph (1) (as designated by paragraph (2))--
                    (A) in the matter preceding subparagraph (A) (as 
                redesignated by paragraph (1)), by inserting ``or any 
                other life-threatening condition identified by the 
                Secretary'' after ``amyotrophic lateral sclerosis 
                (ALS)''; and
            (4) in subparagraph (B) (as redesignated by paragraph (1)), 
        by striking ``(rather than twenty-fifth month)''; and
            (5) by adding at the end the following new paragraph:
    ``(2) For purposes of identifying life-threatening conditions under 
paragraph (1), the Secretary shall compile a list of conditions that 
are fatal without medical treatment. In compiling such list, the 
Secretary shall consult with the Director of the National Institutes of 
Health (including the Office of Rare Diseases), the Director of the 
Centers for Disease Control and Prevention, the Director of the 
National Science Foundation, and the Institute of Medicine of the 
National Academy of Sciences.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to insurance benefits under title XVIII of the Social Security 
Act with respect to items and services furnished in months beginning at 
least 90 days after the date of the enactment of this Act.

SEC. 4. INSTITUTE OF MEDICINE STUDY AND REPORT ON DELAY AND PREVENTION 
              OF DISABILITY CONDITIONS.

    (a) Study.--The Secretary of Health and Human Services (in this 
section referred to as the ``Secretary'') shall request that the 
Institute of Medicine of the National Academy of Sciences conduct a 
study on the range of disability conditions that can be delayed or 
prevented if individuals receive access to health care services and 
coverage before the condition reaches disability levels.
    (b) Report.--Not later than the date that is 2 years after the date 
of enactment of this Act, the Secretary shall submit to Congress a 
report containing the results of the Institute of Medicine study 
authorized under this section.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $750,000 for the period of 
fiscal years 2005 and 2006.
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