[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2881 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2881

   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

                             June 15, 2009

   Mr. Rogers of Alabama (for himself, Mr. Bachus, Mr. Aderholt, Mr. 
 Bonner, Mr. Griffith, Mr. Bright, Mr. Davis of Alabama, Mr. Gerlach, 
    Mrs. Christensen, Mr. Carney, Mr. Smith of New Jersey, and Mr. 
  Langevin) 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. SHORT TITLE.

    This Act may be cited as the ``Kenny Callahan Act''.

SEC. 2. WAIVER OF SOCIAL SECURITY DISABILITY WAITING PERIOD FOR 
              BENEFITS BASED ON DISABILITY IN CASES OF TERMINALLY ILL 
              BENEFICIARIES.

    (a) Disability Insurance Benefits.--Section 223(a) of the Social 
Security Act (42 U.S.C. 423(a)) is amended--
            (1) in paragraph (1), by inserting in the matter following 
        subparagraph (E) ``the individual meets the requirements of 
        paragraph (3) or'' after ``but only if''; and
            (2) by adding at the end the following new paragraph:
    ``(3)(A) For purposes of paragraph (1), an individual meets the 
requirements of this paragraph if--
            ``(i) the impairment underlying a finding that the 
        individual is under a disability results in his death prior to 
        the end of the applicable period (as defined in subparagraph 
        (B)), or
            ``(ii) in any case not described in clause (i)--
                    ``(I) in the case in which the finding that the 
                individual is under a disability is made before the end 
                of the applicable period, the Commissioner determines 
                that, at the time such finding is made, the impairment 
                underlying such finding is expected to result in the 
                individual's death prior to the end of such period, or
                    ``(II) in the case in which such finding is made 
                after the end of the applicable period, the 
                Commissioner determines that, at any time during such 
                period, such impairment was expected to result in the 
                individual's death prior to the end of such period.
    ``(B) For purposes of subparagraph (A), the term `applicable 
period' means, in connection with any impairment by reason of which an 
individual is under a disability, the period of six consecutive 
calendar months commencing with the first calendar month commencing 
while such individual is under such disability.''.
    (b) Widow's Insurance Benefits Based on Disability.--Section 202(e) 
of such Act (42 U.S.C. 402(e)) is amended--
            (1) in paragraph (1)(F)(ii), by inserting ``she meets the 
        requirements of paragraph (5)(C) or'' after ``but only if''; 
        and
            (2) in paragraph (5), by adding at the end the following 
        new subparagraph:
    ``(C)(i) For purposes of paragraph (1)(F)(ii), an individual meets 
the requirements of this subparagraph if--
            ``(I) the impairment underlying a finding that she is under 
        a disability results in her death prior to the end of the 
        applicable period (as defined in clause (ii)), or
            ``(II) in any case not described in subclause (I)--
                    ``(aa) in the case in which the finding that she is 
                under a disability is made before the end of the 
                applicable period, the Commissioner determines that, at 
                the time such finding is made, the impairment 
                underlying such finding is expected to result in her 
                death prior to the end of such period, or
                    ``(bb) in the case in which such finding is made 
                after the end of the applicable period, the 
                Commissioner determines that, at any time during such 
                period, such impairment was expected to result in her 
                death prior to the end of such period.
    ``(ii) For purposes of clause (i), the term `applicable period' 
means, in connection with any impairment by reason of which an 
individual is under a disability, the period of six consecutive 
calendar months commencing with the first calendar month commencing 
while such individual is under such disability.''.
    (c) Widower's Insurance Benefits Based on Disability.--Section 
202(f) of such Act (42 U.S.C. 402(f)) is amended--
            (1) in paragraph (1)(F)(ii), by inserting ``he meets the 
        requirements of paragraph (5)(C) or'' after ``but only if''; 
        and
            (2) in paragraph (5), by adding at the end the following 
        new subparagraph:
    ``(C)(i) For purposes of paragraph (1)(F)(ii), an individual meets 
the requirements of this subparagraph if--
            ``(I) the impairment underlying a finding that he is under 
        a disability results in his death prior to the end of the 
        applicable period (as defined in clause (ii)), or
            ``(II) in any case not described in subclause (I)--
                    ``(aa) in the case in which the finding that he is 
                under a disability is made before the end of the 
                applicable period, the Commissioner determines that, at 
                the time such finding is made, the impairment 
                underlying such finding is expected to result in his 
                death prior to the end of such period, or
                    ``(bb) in the case in which such finding is made 
                after the end of the applicable period, the 
                Commissioner determines that, at any time during such 
                period, such impairment was expected to result in his 
                death prior to the end of such period.
    ``(ii) For purposes of clause (i), the term `applicable period' 
means, in connection with any impairment by reason of which an 
individual is under a disability, the period of six consecutive 
calendar months commencing with the first calendar month commencing 
while such individual is under such disability.''.
    (d) Commencement of Period of Disability.--Section 216(i)(2)(A) of 
such Act (42 U.S.C. (i)(2)(A)) is amended--
            (1) by inserting ``(i)'' after ``(2)(A)'';
            (2) by inserting ``(I) the individual meets the 
        requirements of clause (ii), or (II)'' after ``but only if''; 
        and
            (3) by adding at the end the following new clauses:
    ``(ii) For purposes of clause (i)(I), an individual meets the 
requirements of this clause if--
            ``(I) the impairment underlying a finding that such 
        individual is under a disability (as defined in paragraph (1)) 
        results in such individual's death prior to the end of the 
        applicable period (as defined in clause (iii)), or
            ``(II) in any case not described in subclause (I)--
                    ``(aa) in the case in which the finding that the 
                individual is under a disability is made before the end 
                of the applicable period, the Commissioner determines 
                that, at the time such finding is made, the impairment 
                underlying such finding is expected to result in the 
                individual's death prior to the end of such period, or
                    ``(bb) in the case in which such finding is made 
                after the end of the applicable period, the 
                Commissioner determines that, at any time during such 
                period, such impairment was expected to result in the 
                individual's death prior to the end of such period.
    ``(iii) For purposes of clause (ii), the term `applicable period' 
means, in connection with any impairment by reason of which an 
individual is under a disability, the period of six consecutive 
calendar months commencing with the first calendar month commencing 
while such individual is under such disability.''.

SEC. 3. WAIVER OF MEDICARE DISABILITY WAITING PERIOD FOR BENEFITS BASED 
              ON DISABILITY IN CASES OF TERMINALLY ILL BENEFICIARIES.

    (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 an individual who meets the requirements 
of paragraph (2) and 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 (C), an individual meets the 
requirements of this paragraph if--
            ``(i) the impairment underlying a finding under this title 
        that the individual is under a disability results in the 
        individual's death before the end of the applicable period (as 
        defined in subparagraph (B)); or
            ``(ii) in the case where such finding is made--
                    ``(I) before the end of the applicable period, the 
                Commissioner determines that, at the time such finding 
                is made, such impairment is expected to result in the 
                individual's death before the end of such period; or
                    ``(II) after the end of such period, the 
                Commissioner determines that, at any time during such 
                period, such impairment was expected to result in the 
                individual's death before the end of such period.
    ``(B) For purposes of subparagraph (A), the term `applicable 
period' means, in connection with any impairment by reason of which an 
individual is under a disability, the period of 12 consecutive calendar 
months commencing with the first calendar month commencing while such 
individual is under such disability.
    ``(C) An individual described in subparagraph (A) shall not 
continue to be treated as meeting the requirements of this paragraph 
after the end of the 12-month period described in subparagraph (B) 
unless, before the end of such period, the individual requests an 
extension of such treatment and the Commissioner determines that the 
impairment involved is expected to result in the individual's death 
before the end of the 12-consecutive-month period immediately following 
the applicable period.''.
    (b) Conforming Amendment.--Section 1837 of such Act (42 U.S.C. 
1395p) is amended by adding at the end the following new subsection:
    ``(l) 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(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. 4. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to 
applications filed on or after January 1, 2010.
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