[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 154 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 154
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 4, 2007
Mr. Gene Green of Texas introduced the following bill; which was
referred to the Committee on Ways and Means, and in addition to the
Committees on Energy and Commerce and Transportation and
Infrastructure, 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 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.
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 ``Ending the Medicare Disability
Waiting Period Act of 2007''.
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--
(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 Period.--Section 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 2008, 18 months;
``(2) for 2009, 16 months;
``(3) for 2010, 14 months;
``(4) for 2011, 12 months;
``(5) for 2012, 10 months;
``(6) for 2013, 8 months;
``(7) for 2014, 6 months;
``(8) for 2015, 4 months;
``(9) for 2016, 2 months; and
``(10) for 2017 and each subsequent year, 0 months.''.
(c) Conforming Amendments.--
(1) Sunset.--Effective January 1, 2017, subsection (f) of
section 226 of the Social Security Act (42 U.S.C. 426) is
repealed.
(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))''.
(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)''.
(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--
(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 in section
226(k) of the Social Security Act), and''.
(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.
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--
(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 identified by the
Secretary'' 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 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.''.
(c) 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.
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.
(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.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $750,000 for the period of
fiscal years 2008 and 2009.
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