I 

109TH CONGRESS 

1ST SESSION H. R. 3202

To amend the Social Security Act to waive the 24-month waiting period 

for Medicare coverage of certain disabled individuals who have no health 

insurance coverage. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 11, 2005

Mr. ANDREWS introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Energy 

and Commerce, 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 the Social Security Act to waive the 24-month 

waiting period for Medicare coverage of certain disabled 

individuals who have no health insurance coverage.

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Immediate Access to 

5 Medicare for the Disabled Act of 2005’’. 
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1 SEC. 2. WAIVER OF 24–MONTH WAITING PERIOD FOR MEDI2 CARE COVERAGE OF CERTAIN DISABLED IN3 DIVIDUALS WHO HAVE NO HEALTH INSUR4 ANCE COVERAGE. 

5 (a) IN GENERAL.—Section 226 of the Social Security 

6 Act (42 U.S.C. 426) is amended—

7 (1) by redesignating subsection (j) as sub8 section (k); and 

9 (2) by inserting after subsection (i) the fol10 lowing new subsection: 

11 ‘‘(j)(1) With respect to an individual described in 

12 paragraph (2) who would be entitled to benefits under sub13 section (b) but for the 24-month waiting period under sub14 section (b)(2), the following special rules apply: 

15 ‘‘(A) Subsection (b) shall be applied as if there 

16 were no requirement for any entitlement to benefits, 

17 or status, for a period longer than one month. 

18 ‘‘(B) The entitlement under such subsection 

19 shall begin with the first month (rather than twenty20 fifth month) of entitlement or status. 

21 ‘‘(C) Subsection (f) shall not be applied. 

22 ‘‘(2) The special rules set forth in paragraph (1) 

23 apply to an individual who demonstrates to the Secretary 

24 that, during the 60-day period preceding the date on 

25 which such individual files an application for benefits 
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1 under subsection (b)(2)(C), such individual has no health 

2 insurance coverage.’’. 

3 (b) CONFORMING AMENDMENT.—Section 1837 of 

4 such Act (42 U.S.C. 1395p) is amended by adding at the 

5 end the following new subsection: 

6 ‘‘(k) In applying this section in the case of an indi7 vidual who is entitled to benefits under part A pursuant 

8 to the operation of section 226(j), the following special 

9 rules apply: 

10 ‘‘(1) The initial enrollment period under sub11 section (d) shall begin on the first day of the first 

12 month in which the individual satisfies the require13 ment of section 1836(1). 

14 ‘‘(2) In applying subsection (g)(1), the initial 

15 enrollment period shall begin on the first day of the 

16 first month of entitlement to disability insurance 

17 benefits referred to in such subsection.’’. 

18 (c) EFFECTIVE DATE.—The amendments made by 

19 this section shall apply to benefits for months beginning 

20 after the date of the enactment of this Act.

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