I 111th CONGRESS 1st Session H. R. 2881 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.

1.

Short title

This Act may be cited as the Kenny Callahan Act.

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. .

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. .

4.

Effective date

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