1.Short title; table of
contents
(a)This Act may be cited
as the Ending the Medicare Disability
Waiting Period Act of 2009
.
(b)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.
2.Phase-out of waiting
period for Medicare disability benefits
(a)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 periodSection 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 2010, 18 months;
(2)for 2011, 16 months;
(3)for 2012, 14 months;
(4)for 2013, 12 months;
(5)for 2014, 10 months;
(6)for 2015, 8 months;
(7)for 2016, 6 months;
(8)for 2017, 4 months;
(9)for 2018, 2 months; and
(10)for 2019 and each subsequent year, 0
months.
.
(c)
(1)Effective January 1, 2019, subsection (f)
of section 226 of the Social Security
Act (42 U.S.C. 426) is repealed.
(2)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)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 systemSection
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)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 (but in no case
earlier than January 1, 2010).
3.Elimination of waiting
period for individuals with life-threatening conditions
(a)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
after amyotrophic lateral sclerosis
(ALS)
; and
(B)in subparagraph (B) (as redesignated by
paragraph (1)), by striking (rather than twenty-fifth month)
;
and
(4)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—
(A)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; and
(B)annually review the compassionate
allowances list of conditions of the Social Security
Administration.
.
(b)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 (but in no case earlier than January 1,
2010).
4.Institute of Medicine
study and report on delay and prevention of disability conditions
(a)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)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 appropriationsThere is
authorized to be appropriated to carry out this section $750,000 for the period
of fiscal years 2010 and 2011.