[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 366 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 366

   To amend the Social Security Act to eliminate the 5-month waiting 
 period for Social Security disability and the 24-month waiting period 
 for Medicare benefits in the cases of individuals with disabling burn 
                               injuries.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 3, 2009

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

_______________________________________________________________________

                                 A BILL


 
   To amend the Social Security Act to eliminate the 5-month waiting 
 period for Social Security disability and the 24-month waiting period 
 for Medicare benefits in the cases of individuals with disabling burn 
                               injuries.

    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 ``Social Security and Medicare 
Improved Burn Injury Treatment Access Act of 2009''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Terrorist acts, such as the September 11, 2001 attacks 
        in New York and Washington, DC and attacks in countries 
        throughout the world, major accidental events, chemical plant 
        explosions, airplane crashes, and major industrial accidents, 
        result in a substantial number of burn-injured patients.
            (2) In most major traumatic events, 25 percent to 30 
        percent of the injured will require burn care treatment. About 
        one-third of those hospitalized in New York on September 11th 
        had severe burn injuries.
            (3) According to the American Burn Association (ABA), which 
        is the national professional society representing hospitals 
        with burn centers, as well as burn surgeons, nurses, 
        therapists, and other members of the burn care team, there are 
        only 128 burn centers in the United States. The total burn-bed 
        capacity at all burn centers in the United States is 1,835 
        beds. Burn centers in four States have closed, with a loss of 
        several beds, which further diminishes the nation's ability to 
        handle the mass burn casualties that could result from a major 
        terrorist attack.
            (4) Burn centers are a national resource that must be 
        preserved and strengthened as part of the Nation's preparedness 
        activities to deal with terrorist attacks or other disasters 
        that would likely lead to mass burn casualties.
            (5) Based on a study of over 54,000 burn cases over a 20-
        year period of time, the ABA in its 2002 National Burn 
        Repository Report indicates that 38 percent of burn-injured 
        patients treated in burn centers were uninsured. This high 
        level of uncompensated care threatens the survival of burn 
        centers, the continued existence of which is essential to the 
        emergency preparedness efforts of the United States.
            (6) Burn injuries are among the most costly to treat and 
        require immediate medical attention.
            (7) Because of the necessity of providing immediate care in 
        the case of burn injuries, the waiting periods established for 
        Medicare coverage for disabled burn patients should be waived 
        and it is essential for Medicare to reimburse the costs of such 
        burn treatment to ensure the financial survival of burn 
        centers.

SEC. 3. ELIMINATION OF 5-MONTH SOCIAL SECURITY DISABILITY WAITING 
              PERIOD IN CASES OF INDIVIDUALS WITH DISABLING BURN 
              INJURIES.

    (a) Disability Insurance Benefits.--Section 223(a) of the Social 
Security Act (42 U.S.C. 423(a)) is amended by adding at the end the 
following new paragraph:
    ``(3)(A) In the case of any individual who has a disabling burn 
injury and is not entitled to disability insurance benefits under this 
section for any month solely by reason of the waiting period under 
clause (i) in the first sentence of paragraph (1), the Commissioner of 
Social Security shall waive the application of the waiting period, and, 
notwithstanding clauses (i) and (ii) of the first sentence of paragraph 
(1), such individual shall be entitled to disability insurance benefits 
for each month, beginning with the first month during all of which such 
individual is under a disability and in which such individual would 
become so entitled to such insurance benefits under such sentence but 
for such waiting period, and ending as provided in paragraph (1).
    ``(B) For purposes of subparagraph (A), the process for determining 
under paragraph (1) the month in which the disability ceases shall 
require that the status of the individual's disability be determined at 
least once every 3 years.
    ``(C) For purposes of subparagraph (A) and sections 202(e)(5)(C), 
202(f)(6)(C), and 216(i)(2)(A)(ii), an individual is considered to have 
a `disabling burn injury' if the individual has a burn injury that 
satisfies a finding of disability in accordance with the Social 
Security Administration's publication, `Disability Evaluation under 
Social Security' (Blue Book, January 2005) for purposes of establishing 
eligibility for benefits under this title.''.
    (b) Widow's Insurance Benefits Based on Disability.--Section 
202(e)(5) of such Act (42 U.S.C. 402(e)(5)) is amended by adding at the 
end the following new subparagraph:
    ``(C) In the case of any individual who has a disabling burn injury 
(as described in section 223(a)(3)(B)) and is not entitled to widow's 
insurance benefits under this section for any month solely by reason of 
the waiting period under paragraph (1)(F)(i), the Commissioner of 
Social Security shall waive the application of the waiting period, and, 
notwithstanding clauses (i) and (ii) of paragraph (1)(F), such 
individual shall be entitled to widow's insurance benefits for each 
month, beginning with the first month during all of which she is under 
a disability and in which she would become so entitled to such 
insurance benefits under paragraph (1) but for such waiting period, and 
ending as provided in paragraph (1). For purposes of the previous 
sentence, in determining under paragraph (1) the month in which the 
disability ceases the status of the individual's disability shall be 
reviewed at least once every 3 years.''.
    (c) Widower's Insurance Benefits Based on Disability.--Section 
202(f)(5) of such Act (42 U.S.C. 402(f)(5)) is amended by adding at the 
end the following new subparagraph:
    ``(C) In the case of any individual who has a disabling burn injury 
(as described in section 223(a)(3)(B)) and is not entitled to widower's 
insurance benefits under this section for any month solely by reason of 
the waiting period under paragraph (1)(F)(i), the Commissioner of 
Social Security shall waive the application of the waiting period, and, 
notwithstanding clauses (i) and (ii) of paragraph (1)(F), such 
individual shall be entitled to widower's insurance benefits for each 
month, beginning with the first month during all of which he is under a 
disability and in which he would become so entitled to such insurance 
benefits under paragraph (1) but for such waiting period, and ending as 
provided in paragraph (1). For purposes of the previous sentence, in 
determining under paragraph (1) the month in which the disability 
ceases the status of the individual's disability shall be reviewed at 
least once every 3 years.''.
    (d) Commencement of Period of Disability.--Section 216(i)(2)(A) of 
such Act (42 U.S.C. 416(i)(2)(A)) is amended--
            (1) by inserting ``(i)'' after ``(2)(A)'';
            (2) by inserting ``(I)'' after ``but only if'';
            (3) by inserting ``(II)'' after ``duration or''; and
            (4) by adding at the end the following new clause:
    ``(ii) In any case in which an individual has a disabling burn 
injury (as described in section 223(a)(3)(B)) and a month is not 
included within a period of disability of such individual solely by 
reason of the 5-month duration requirement under clause (i)(I), the 
Commissioner of Social Security shall waive the application of such 
requirement, and, notwithstanding clause (i)(I), such month shall be 
included in a period of disability.''.
    (e) Effective Dates.--The amendments made by subsection (a) shall 
apply only with respect to benefits under section 223 of the Social 
Security Act, or under section 202 of such Act on the basis of the 
wages and self-employment income of an individual entitled to benefits 
under such section 223, for months beginning after the date of the 
enactment of this Act. The amendments made by subsections (b) and (c) 
shall apply only with respect to benefits based on disability under 
subsection (e) or (f) of section 202 of the Social Security Act for 
months after the date of the enactment of this Act. The amendments made 
by subsection (d) shall apply only with respect to applications for 
disability determinations filed under title II of the Social Security 
Act after the date of the enactment of this Act.

SEC. 4. ELIMINATION OF 24-MONTH MEDICARE DISABILITY WAITING PERIOD IN 
              CASES OF INDIVIDUALS WITH DISABLING BURN INJURIES.

    (a) In General.--Section 226(h) of the Social Security Act (42 
U.S.C. 426(h)) is amended--
            (1) in the matter preceding paragraph (1), by inserting 
        ``or a disabling burn injury (as described in section 
        223(a)(3)(B))'' after ``amyotrophic lateral sclerosis (ALS)'';
            (2) by redesignating paragraphs (1), (2), and (3) as 
        subparagraphs (A), (B), and (C), respectively, with appropriate 
        indentation and striking ``For purposes of'' and inserting 
        ``(1) For purposes of''; and
            (3) by adding at the end the following new paragraphs:
    ``(2) Paragraph (1) shall not apply to an individual medically 
determined to have a disabling burn injury (as so described) if--
            ``(A) on the date such injury occurred such individual was 
        covered under a group health plan (as defined in section 2791 
        of the Public Health Service Act) or had health insurance 
        coverage (as defined in such section), regardless of the extent 
        to which such plan or coverage provides benefits with respect 
        to such injury; or
            ``(B) after the date of the enactment of the Social 
        Security and Medicare Improved Burn Injury Treatment Access Act 
        of 2009, the terms and conditions of coverage, with respect to 
        such injury, under the State plan under title XIX of the State 
        in which the individual resides are more restrictive than such 
        terms and conditions as of the day before such date of 
        enactment.
    ``(3) For purposes of applying paragraph (1) in the case of an 
individual medically determined to have a disabling burn injury (as so 
described), in determining when an individual's entitlement or status 
terminates, the status of the individual's disability shall be reviewed 
at least once every 3 years.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to benefits under title XVIII of the Social Security Act with 
respect to items and services furnished in months beginning after the 
date of the enactment of this Act.
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