118 HR 6640 IH: Marriage Equality for Disabled Adults Act
U.S. House of Representatives
2023-12-06
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I
118th CONGRESS
1st Session
H. R. 6640
IN THE HOUSE OF REPRESENTATIVES
December 6, 2023
Mr. Panetta (for himself and Ms. Lofgren) 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 secure the rights and dignity of marriage for Disabled Adult Children, and for other purposes.
1.

Short title
This Act may be cited as the “Marriage Equality for Disabled Adults Act”.
2.

Elimination of marriage restriction for disabled adult children
(a)

In general
Section 202(d) of the Social Security Act (42 U.S.C. 402(d)) is amended—
(1)
in paragraph (1)(B), by striking “was unmarried and”;
(2)
by amending paragraph (1)(D) to read as follows:
“(D)
the month in which such child dies;”; and
(3)
by striking paragraph (5).
(b)

Conforming amendment
Section 202(s)(2) of such Act (42 U.S.C. 402(s)(2)) is amended by striking “(d)(5),”.
3.

Modification of rules to determine marital relationships
(a)

In general
Section 1614(d) of the Social Security Act (42 U.S.C. 1382c(d)) is amended by striking “except that” and all that follows through the end of the subsection and inserting “except that if two individuals have been determined to be married under section 216(h)(1) for purposes of title II they shall be considered (from and after the date of such determination or the date of their application for benefits under this title, whichever is later) to be married for purposes of this title.”.
(b)

Conforming amendments
Title XVI of the Social Security Act (42 U.S.C. 1381 et seq.) is amended—
(1)
in section 1611(e)(3)—
(A)
by striking “a husband and wife” each place it appears and inserting “two married individuals”; and
(B)
by striking “such husband and wife” and inserting “such married individuals”;
(2)
in section 1614(b)—
(A)
in the first sentence, by striking “the husband or wife of” and inserting “married to”; and
(B)
in the second sentence, by striking “husband and wife” and inserting “married”; and
(3)
in section 1631(b)(1)(A)(i), by striking “husband or wife” and inserting “spouse”.
4.

Income and resource deeming rules
Section 1614(f) of the Social Security Act (42 U.S.C. 1382c(f)) is amended by adding at the end the following:
“(5)
Notwithstanding paragraph (1) of this subsection, for purposes of determining eligibility for, and the amount of, benefits for a married individual who is entitled to a child’s insurance benefit based on a disability under section 202(d), or for the spouse of such an individual, the income and resources of the one spouse is deemed to not include any income or resources of the other spouse.”.
5.

Retention of Medicaid for certain married individuals
Section 1634 of the Social Security Act (42 U.S.C. 1383(c)) is amended by adding at the end the following:
“(e)
In the case of a State that exercises the option under section 1902(f), any individual who—
(1)
is a married individual who is entitled to a child’s insurance benefit based on a disability for any month under section 202(d) or the spouse of such an individual; and
(2)
would be eligible for medical assistance under the State plan approved under title XIX if the individual were unmarried,
shall remain eligible for medical assistance under such plan for so long as the individual satisfies the criteria described in paragraphs (1) and (2).” .
6.

Sense of Congress
It is the sense of the United States Congress that—
(1)
Disabled Adult Children, if married, should remain eligible for all Medicare, Medicaid, and Social Security benefits under the same terms as they would if unmarried, regardless of State of residence or State Medicaid law; specifically, this legislation should not impact a Disabled Adult Child’s eligibility for any Medicaid services for which they were eligible when unmarried;
(2)
regardless of marital status, eligibility of Disabled Adult Children to receive Federal Medicare, Medicaid, and Social Security benefits should not be impacted by any “holding out” status as defined in section 1382c(d) of title 42, United States Code; and
(3)
Disabled Adult Children’s eligibility for Social Security Disability Insurance benefits should not be conditioned on geographic location or residency in the United States.