[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 320 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                 S. 320

 To amend titles II and XVIII of the Social Security Act to eliminate 
 the disability insurance benefits waiting period for individuals with 
                 disabilities, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 9, 2023

   Mr. Casey (for himself, Mrs. Murray, Mr. Sanders, Mr. Brown, Ms. 
 Stabenow, Ms. Warren, Mr. Reed, Mr. Markey, Mrs. Shaheen, Ms. Hirono, 
 Ms. Duckworth, and Mr. Padilla) introduced the following bill; which 
        was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
 To amend titles II and XVIII of the Social Security Act to eliminate 
 the disability insurance benefits waiting period for individuals with 
                 disabilities, and for other purposes.

    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 ``Stop the Wait Act of 2023''.

SEC. 2. ELIMINATION OF DISABILITY WAITING PERIOD FOR SOCIAL SECURITY 
              DISABILITY INSURANCE BENEFITS.

    (a) Elimination of Waiting Period for Disability Insurance 
Benefits.--Section 223 of the Social Security Act (42 U.S.C. 423) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), in the matter following 
                subparagraph (E)--
                            (i) by striking ``disability insurance 
                        benefit (i) for each month'' and all that 
                        follows through ``, or (iii)'' and inserting 
                        ``disability insurance benefit''; and
                            (ii) by striking ``, but only if'' and all 
                        that follows through ``under such disability''; 
                        and
                    (B) in paragraph (2), by striking ``as though he 
                had attained age 62 in--'' and all that follows through 
                ``such disability insurance benefits,'' and inserting 
                ``as though the individual had attained age 62 in the 
                first month for which the individual becomes entitled 
                to such disability insurance benefits,''; and
            (2) in subsection (c)--
                    (A) in the subsection heading, by striking 
                ``Definitions of Insured Status and Waiting Period'' 
                and inserting ``Definition of Insured Status'';
                    (B) by striking ``For purposes of this section'' 
                and all that follows through ``in any month if--'' and 
                inserting ``For purposes of this section, an individual 
                shall be insured for disability insurance benefits in 
                any month if--'';
                    (C) by striking paragraph (2);
                    (D) by redesignating subparagraphs (A) and (B) as 
                paragraphs (1) and (2), respectively (and adjusting the 
                margins accordingly);
                    (E) in paragraph (2) (as so redesignated)--
                            (i) by redesignating clauses (i), (ii), and 
                        (iii) as subparagraphs (A), (B), and (C), 
                        respectively; and
                            (ii) in subparagraph (C) (as so 
                        redesignated), by striking ``clause (i)'' and 
                        inserting ``subparagraph (A)''; and
                    (F) in the matter following subparagraph (C) (as so 
                redesignated), by striking ``subparagraph (B) of this 
                paragraph'' each place it appears and inserting ``this 
                paragraph''.
    (b) Phase-Down of Waiting Period for Disability Insurance 
Benefits.--For purposes of applications for disability insurance 
benefits filed on or after the date of enactment of this Act and before 
January 1, 2028, section 223(c)(2) of the Social Security Act (42 
U.S.C. 423(c)(2)) shall be applied by making the following 
substitutions:
            (1) For applications filed in calendar year 2023, 2024, or 
        2025, substitute ``three'' for ``five'' and ``fifteenth'' for 
        ``seventeenth'' each place it appears.
            (2) For applications filed in calendar year 2026, 
        substitute ``two'' for ``five'' and ``fourteenth'' for 
        ``seventeenth'' each place it appears.
            (3) For applications filed in calendar year 2027, 
        substitute ``one'' for ``five'' and ``thirteenth'' for 
        ``seventeenth'' each place it appears.
    (c) Effective Date.--The amendments made by subsection (a) shall 
take effect on January 1, 2028, and apply with respect to applications 
for disability insurance benefits filed on or after January 1, 2028.
    (d) Conforming Amendments.--Effective January 1, 2028:
            (1) Section 223(a)(1)(A) of the Social Security Act (42 
        U.S.C. 423(a)(1)(A)) is amended by striking ``(c)(1)'' and 
        inserting ``(c)''.
            (2) Section 7(d)(3) of the Railroad Retirement Act of 1974 
        (45 U.S.C. 231f(d)(3)) is amended by striking ``223(c)(1)'' and 
        inserting ``223(c)''.

SEC. 3. MEDICARE ELIGIBILITY FOR CERTAIN INDIVIDUALS DURING WAITING 
              PERIOD FOR SOCIAL SECURITY DISABILITY INSURANCE BENEFITS.

    (a) Elimination of Waiting Period for Certain Individuals Without 
Minimum Essential Coverage.--
            (1) In general.--Section 226 the Social Security Act (42 
        U.S.C. 426) is amended by adding at the end the following new 
        subsection:
    ``(j)(1) For purposes of applying this section in the case of an 
eligible individual described in paragraph (2), the following special 
rules shall apply:
            ``(A) Subsection (b)(2) shall be applied as if there were 
        no requirement for any entitlement to benefits, or status, for 
        a period of 24 months prior to receiving such benefits or 
        status.
            ``(B) The entitlement under such subsection shall be 
        available retroactively to the first day of the first month 
        (rather than twenty-fifth month) of entitlement or status.
            ``(C) Subsection (f) shall not be applied.
    ``(2) For purposes of applying this section, an `eligible 
individual' is an individual, with respect to a month--
            ``(A) who has not yet attained the age of 65;
            ``(B) who is entitled to benefits described in subparagraph 
        (A) of subsection (b)(2); and
            ``(C) with respect to whom section 5000A(e)(1)(A) of the 
        Internal Revenue Code of 1986 would apply if the reference to 
        `8 percent' in such section were a reference to `8.5 
        percent'.''.
            (2) Conforming amendments.--Section 1811 of the Social 
        Security Act (42 U.S.C. 1395c) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (2); and
                    (B) by inserting the following before the period at 
                the end: ``, and (4) eligible individuals (as described 
                in section 226(j)(2))''.
    (b) Special Enrollment Period and Coverage Application for Certain 
Individuals Without Minimum Essential Coverage.--Section 1837 of the 
Social Security Act (42 U.S.C. 1395p) is amended by adding at the end 
the following new subsection:
    ``(p)(1) In applying this section in the case of an eligible 
individual who is entitled to benefits under part A pursuant to the 
operation of section 226(j), the following special rules shall apply:
            ``(A) 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(a)(1).
            ``(B) 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.
    ``(2) In applying this section in the case of an individual who 
became entitled to benefits under part A, but had not been entitled to 
such benefits for a period of 24 calendar months as of the date of 
enactment of the Stop the Wait Act of 2023, and is entitled to such 
benefits pursuant to the application of section 226(j), the initial 
enrollment period under subsection (d) for such individual shall begin 
on the first day of the first month following such date of enactment 
and shall end seven months later.''.
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