I 

109TH CONGRESS 

1ST SESSION H. R. 2869 

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 

JUNE 13, 2005 

Mr. GENE GREEN of Texas (for himself, Mr. WAXMAN, Mr. BROWN of Ohio, 

Mr. STARK, Mr. FARR, Mr. GRIJALVA, Mr. BACA, Mr. REYES, Mr. GONZALEZ, Mr. STRICKLAND, Mr. RYAN of Ohio, Mr. HINOJOSA, Mrs. 

CAPPS, Ms. SOLIS, Ms. DEGETTE, Mr. STUPAK, Mr. TOWNS, Mr. ORTIZ, 

Ms. JACKSON-LEE of Texas, Mr. MCDERMOTT, Mr. DOGGETT, and Ms. 

LEE) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Ending the Medicare 

3 Disability Waiting Period Act of 2004’’. 

4 SEC. 2. PHASE OUT OF WAITING PERIOD FOR MEDICARE 

5 DISABILITY BENEFITS. 

6 (a) IN GENERAL.—Section 226(b) of the Social Secu7 rity Act (42 U.S.C. 426(b)) is amended— 

8 (1) in paragraph (2)(A), by striking ‘‘, and has 

9 for 24 calendar months been entitled to,’’ and insert10 ing ‘‘, and for the waiting period (as defined in sub11 section (k)) has been entitled to,’’; 

12 (2) in paragraph (2)(B), by striking ‘‘, and has 

13 been for not less than 24 months,’’ and inserting ‘‘, 

14 and has been for the waiting period (as defined in 

15 subsection (k)),’’; 

16 (3) in paragraph (2)(C)(ii), by striking ‘‘, in17 cluding the requirement that he has been entitled to 

18 the specified benefits for 24 months,’’ and inserting 

19 ‘‘, including the requirement that the individual has 

20 been entitled to the specified benefits for the waiting 

21 period (as defined in subsection (k)),’’; and 

22 (4) in the flush matter following paragraph 

23 (2)(C)(ii)(II)— 

24 (A) in the first sentence, by striking ‘‘for 

25 each month beginning with the later of (I) July 

26 1973 or (II) the twenty-fifth month of his enti-
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1 tlement or status as a qualified railroad retire2 ment beneficiary described in paragraph (2), 

3 and’’ and inserting ‘‘for each month beginning 

4 after the waiting period (as so defined) for 

5 which the individual satisfies paragraph (2) 

6 and’’; 

7 (B) in the second sentence, by striking 

8 ‘‘the ‘twenty-fifth month of his entitlement’ re9 fers to the first month after the twenty-fourth 

10 month of entitlement to specified benefits re11 ferred to in paragraph (2)(C) and’’; and 

12 (C) in the third sentence, by striking ‘‘, 

13 but not in excess of 78 such months’’. 

14 (b) SCHEDULE FOR PHASE OUT OF WAITING PE15 RIOD.—Section 226 of the Social Security Act (42 U.S.C. 

16 426) is amended by adding at the end the following new 

17 subsection: 

18 ‘‘(k) For purposes of subsection (b) (and for purposes 

19 of section 1837(g)(1) of this Act and section 7(d)(2)(ii) 

20 of the Railroad Retirement Act of 1974), the term ‘waiting 

21 period’ means— 

22 ‘‘(1) for 2006, 18 months; 

23 ‘‘(2) for 2007, 16 months; 

24 ‘‘(3) for 2008, 14 months; 

25 ‘‘(4) for 2009, 12 months; 
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1 ‘‘(5) for 2010, 10 months; 

2 ‘‘(6) for 2011, 8 months; 

3 ‘‘(7) for 2012, 6 months; 

4 ‘‘(8) for 2013, 4 months; 

5 ‘‘(9) for 2014, 2 months; and 

6 ‘‘(10) for 2015 and each subsequent year, 0 

7 months.’’. 

8 (c) CONFORMING AMENDMENTS.— 

9 (1) SUNSET.—Effective January 1, 2015, sub10 section (f) of section 226 of the Social Security Act 

11 (42 U.S.C. 426) is repealed. 

12 (2) MEDICARE DESCRIPTION.—Section 1811(2) 

13 of such Act (42 U.S.C. 1395c(2)) is amended by 

14 striking ‘‘entitled for not less than 24 months’’ and 

15 inserting ‘‘entitled for the waiting period (as defined 

16 in section 226(k))’’. 

17 (3) MEDICARE COVERAGE.—Section 1837(g)(1) 

18 of such Act (42 U.S.C. 1395p(g)(1)) is amended by 

19 striking ‘‘of the later of (A) April 1973 or (B) the 

20 third month before the 25th month of such entitle21 ment’’ and inserting ‘‘of the third month before the 

22 first month following the waiting period (as defined 

23 in section 226(k)) applicable under section 226(b)’’. 
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1 (4) RAILROAD RETIREMENT SYSTEM.—Section 

2 7(d)(2)(ii) of the Railroad Retirement Act of 1974 

3 (45 U.S.C. 231f(d)(2)(ii)) is amended— 

4 (A) by striking ‘‘, for not less than 24 

5 months’’ and inserting ‘‘, for the waiting period 

6 (as defined in section 226(k) of the Social Secu7 rity Act)’’; and 

8 (B) by striking ‘‘could have been entitled 

9 for 24 calendar months, and’’ and inserting 

10 ‘‘could have been entitled for the waiting period 

11 (as defined in section 226(k) of the Social Secu12 rity Act), and’’. 

13 (d) EFFECTIVE DATE.—Except as provided in sub14 section (c)(1), the amendments made by this section shall 

15 apply to insurance benefits under title XVIII of the Social 

16 Security Act with respect to items and services furnished 

17 in months beginning at least 90 days after the date of 

18 the enactment of this Act. 

19 SEC. 3. ELIMINATION OF WAITING PERIOD FOR INDIVID20 UALS WITH LIFE-THREATENING CONDITIONS. 

21 (a) IN GENERAL.—Section 226(h) of the Social Secu22 rity Act (42 U.S.C. 426(h)) is amended— 

23 (1) by redesignating paragraphs (1), (2), and 

24 (3) as subparagraphs (A), (B), and (C), respectively; 
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1 (2) in the matter preceding subparagraph (A) 

2 (as redesignated by paragraph (1)), by inserting 

3 ‘‘(1)’’ after ‘‘(h)’’; 

4 (3) in paragraph (1) (as designated by para5 graph (2))— 

6 (A) in the matter preceding subparagraph 

7 (A) (as redesignated by paragraph (1)), by in8 serting ‘‘or any other life-threatening condition 

9 identified by the Secretary’’ after ‘‘amyotrophic 

10 lateral sclerosis (ALS)’’; and 

11 (B) in subparagraph (B) (as redesignated 

12 by paragraph (1)), by striking ‘‘(rather than 

13 twenty-fifth month)’’; and 

14 (4) by adding at the end the following new 

15 paragraph: 

16 ‘‘(2) For purposes of identifying life-threatening con17 ditions under paragraph (1), the Secretary shall compile 

18 a list of conditions that are fatal without medical treat19 ment. In compiling such list, the Secretary shall consult 

20 with the Director of the National Institutes of Health (in21 cluding the Office of Rare Diseases), the Director of the 

22 Centers for Disease Control and Prevention, the Director 

23 of the National Science Foundation, and the Institute of 

24 Medicine of the National Academy of Sciences.’’. 
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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply to insurance benefits under title 

3 XVIII of the Social Security Act with respect to items and 

4 services furnished in months beginning at least 90 days 

5 after the date of the enactment of this Act. 

6 SEC. 4. INSTITUTE OF MEDICINE STUDY AND REPORT ON 

7 DELAY AND PREVENTION OF DISABILITY 

8 CONDITIONS. 

9 (a) STUDY.—The Secretary of Health and Human 

10 Services (in this section referred to as the ‘‘Secretary’’) 

11 shall request that the Institute of Medicine of the National 

12 Academy of Sciences conduct a study on the range of dis13 ability conditions that can be delayed or prevented if indi14 viduals receive access to health care services and coverage 

15 before the condition reaches disability levels. 

16 (b) REPORT.—Not later than the date that is 2 years 

17 after the date of enactment of this Act, the Secretary shall 

18 submit to Congress a report containing the results of the 

19 Institute of Medicine study authorized under this section. 

20 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated to carry out this section 

22 $750,000 for the period of fiscal years 2006 and 2007. 

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