[Congressional Record Volume 155, Number 21 (Tuesday, February 3, 2009)]
[Senate]
[Pages S1432-S1433]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KERRY:
  S. 366. 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; to the Committee on Finance.
  Mr. KERRY. Mr. President, each year an estimated 500,000 people are 
treated for burn injuries, with 40,000 requiring hospitalization. It is 
time that we do more to aid those who suffer from disabling burns, 
which is why I am introducing the Social Security and Medicare Improved 
Burn Injury Treatment Access Act of 2009. I am pleased to join my 
colleague from Massachusetts, Congressman Richard Neal, who introduced 
similar legislation in the House of Representatives.
  This legislation provides a waiver of the 24-month waiting period now 
required before an uninsured individual becomes eligible for Medicare 
coverage for disabling burn injuries. It also provides a waiver for the 
five-month waiting period for Social Security disability benefits. This 
will help provide greater assistance to those who suffer from burn 
injuries and much needed support for the burn centers that treat them. 
Burn care is highly specialized and expensive. Since approximately 40 
percent of burn victims are uninsured, this places a great financial 
strain on burn centers, causing some of them to close.
  At a time when we are asking burn centers to be prepared to deal with 
catastrophic cases, and expand their capacity, we also must provide the 
support they need. Chemical fires, explosions, terrorist attacks, and 
major accidents are scenarios where burn centers play a critical role 
in public health. Over one-third of those hospitalized in New York 
following the September 11 terrorist attacks had severe burn injuries.

[[Page S1433]]

  This legislation will provide immediate Medicare coverage for 
uninsured patients suffering serious, disabling burn injuries. It 
follows an approach already taken with other conditions such as End 
Stage Renal Disease, ESRD, and amyotrophic lateral sclerosis ALS or Lou 
Gehrig's disease, both of which result in waivers of the 24-month 
waiting period for Medicare eligibility.
  This legislation has important cost containment measures. To prevent 
shifting the burden of care, no one with public or private insurance at 
the time of their burn injury will be eligible for the 24-month waiver, 
and state public insurance programs will not be allowed to restrict 
coverage for burn patients as a way to shift the responsibility to 
Medicare. Each individual's disability status is required to be 
reevaluated at least once every three years to ensure that those who 
have made a full recovery are not allowed to stay on Medicare 
indefinitely.
  We cannot allow our Nation's burn centers to continue closing due to 
a lack of financial resources. They are a vital resource and through 
them, we have the opportunity to give burn victims the best possible 
chance at recovery. I ask all my colleagues to support this 
legislation.
                                 ______