S 700 ISCommentsClose CommentsPermalink

To amend title II of the Social Security Act to phase out the 24-month waiting period for disabled individuals to become eligible for Medicare benefits, to eliminate the waiting period for individuals with life-threatening conditions, and for other purposes.CommentsClose CommentsPermalink

March 25, 2009CommentsClose CommentsPermalink

Mr. BINGAMAN (for himself, Mr. BROWN, and Ms. COLLINS) introduced the following bill; which was read twice and referred to the Committee on FinanceCommentsClose CommentsPermalink

To amend title II of the Social Security Act to phase out the 24-month waiting period for disabled individuals to become eligible for Medicare benefits, to eliminate the waiting period for individuals with life-threatening conditions, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Ending the Medicare Disability Waiting Period Act of 2009’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Phase-out of waiting period for Medicare disability benefits.CommentsClose CommentsPermalink





Sec. 3. Elimination of waiting period for individuals with life-threatening conditions.CommentsClose CommentsPermalink





Sec. 4. Institute of Medicine study and report on delay and prevention of disability conditions.CommentsClose CommentsPermalink

SEC. 2. PHASE-OUT OF WAITING PERIOD FOR MEDICARE DISABILITY BENEFITS.

(a) In General- Section 226(b) of the Social Security Act (42 U.S.C. 426(b)) is amended--CommentsClose CommentsPermalink





(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,’;CommentsClose CommentsPermalink





(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)),’;CommentsClose CommentsPermalink





(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)),’; andCommentsClose CommentsPermalink





(4) in the flush matter following paragraph (2)(C)(ii)(II)--CommentsClose CommentsPermalink





(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’;CommentsClose CommentsPermalink





(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’; andCommentsClose CommentsPermalink





(C) in the third sentence, by striking ‘, but not in excess of 78 such months’.CommentsClose CommentsPermalink





(b) Schedule for Phase-Out of Waiting Period- Section 226 of the Social Security Act (42 U.S.C. 426) is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(1) for 2010, 18 months;CommentsClose CommentsPermalink





‘(2) for 2011, 16 months;CommentsClose CommentsPermalink





‘(3) for 2012, 14 months;CommentsClose CommentsPermalink





‘(4) for 2013, 12 months;CommentsClose CommentsPermalink





‘(5) for 2014, 10 months;CommentsClose CommentsPermalink





‘(6) for 2015, 8 months;CommentsClose CommentsPermalink





‘(7) for 2016, 6 months;CommentsClose CommentsPermalink





‘(8) for 2017, 4 months;CommentsClose CommentsPermalink





‘(9) for 2018, 2 months; andCommentsClose CommentsPermalink





‘(10) for 2019 and each subsequent year, 0 months.’.CommentsClose CommentsPermalink





(c) Conforming Amendments-CommentsClose CommentsPermalink





(1) SUNSET- Effective January 1, 2019, subsection (f) of section 226 of the Social Security Act (42 U.S.C. 426) is repealed.CommentsClose CommentsPermalink





(2) MEDICARE DESCRIPTION- 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))’.CommentsClose CommentsPermalink





(3) MEDICARE COVERAGE- 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)’.CommentsClose CommentsPermalink





(4) RAILROAD RETIREMENT SYSTEM- Section 7(d)(2)(ii) of the Railroad Retirement Act of 1974 (45 U.S.C. 231f(d)(2)(ii)) is amended--CommentsClose CommentsPermalink





(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); andCommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





(d) Effective Date- 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).CommentsClose CommentsPermalink

SEC. 3. ELIMINATION OF WAITING PERIOD FOR INDIVIDUALS WITH LIFE-THREATENING CONDITIONS.

(a) In General- Section 226(h) of the Social Security Act (42 U.S.C. 426(h)) is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively;CommentsClose CommentsPermalink





(2) in the matter preceding subparagraph (A) (as redesignated by paragraph (1)), by inserting ‘(1)’ after ‘(h)’;CommentsClose CommentsPermalink





(3) in paragraph (1) (as designated by paragraph (2))--CommentsClose CommentsPermalink





(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)’; andCommentsClose CommentsPermalink





(B) in subparagraph (B) (as redesignated by paragraph (1)), by striking ‘(rather than twenty-fifth month)’; andCommentsClose CommentsPermalink





(4) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(B) annually review the compassionate allowances list of conditions of the Social Security Administration.’.CommentsClose CommentsPermalink





(b) Effective Date- 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).CommentsClose CommentsPermalink

SEC. 4. INSTITUTE OF MEDICINE STUDY AND REPORT ON DELAY AND PREVENTION OF DISABILITY CONDITIONS.

(a) Study- 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.CommentsClose CommentsPermalink





(b) Report- 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.CommentsClose CommentsPermalink





(c) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $750,000 for the period of fiscal years 2010 and 2011.CommentsClose CommentsPermalink