I 

108TH CONGRESS 

1ST SESSION H. R. 3382

To amend titles II and XVIII of the Social Security Act to waive certain 

waiting periods for Social Security disability and Medicare benefits in 

the case of a terminally ill, disabled individual. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 28, 2003

Mr. ROGERS of Alabama 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 titles II and XVIII of the Social Security Act 

to waive certain waiting periods for Social Security disability and Medicare benefits in the case of a terminally 

ill, disabled individual.

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

3 SECTION 1. WAIVER OF SOCIAL SECURITY DISABILITY 

4 WAITING PERIOD IN THE CASE OF THE TER5 MINALLY ILL. 

6 (a) DISABILITY INSURANCE BENEFITS.—Section 

7 223(c)(2) of the Social Security Act (42 U.S.C. 423(c)(2)) 
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1 is amended by inserting after and below subparagraph (B) 

2 the following new sentence: 

3 ‘‘In the case of an individual described in section 

4 226(j)(2), the reference in the preceding provisions of this 

5 paragraph to the ‘period of five consecutive calendar 

6 months’ shall be deemed a reference to a ‘period of one 

7 calendar month’, and the references in such provisions to 

8 the ‘seventeenth month’ shall be deemed references to the 

9 ‘thirteenth month’.’’. 

10 (b) WIDOW’S INSURANCE BENEFITS BASED ON DIS11 ABILITY.—Section 202(e)(5) of such Act (42 U.S.C. 

12 402(e)(5)) is amended—

13 (1) in subparagraph (A), by adding after and 

14 below clause (ii) the following new sentence: 

15 ‘‘In the case of a terminally ill individual described in sec16 tion 226(j)(2), the reference in the preceding provisions 

17 of this subparagraph to a ‘period of five consecutive cal18 endar months’ shall be deemed a reference to a ‘period 

19 of one calendar month’, the reference in clause (ii)(I) to 

20 the ‘seventeenth month’ shall be deemed a reference to the 

21 ‘thirteenth month’, and the reference in clause (ii)(II) to 

22 the ‘fifth month before’ the month in which the period 

23 specified in paragraph (4) begins shall be deemed a ref24 erence to the ‘month before’ the month in which such pe25 riod begins.’’; and 
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1 (2) in subparagraph (B), by inserting ‘‘(i)’’ 

2 after ‘‘(B)’’, by inserting ‘‘in a case other than the 

3 case described in clause (ii),’’ after ‘‘paragraph 

4 (1)(F)(i),’’, and by adding at the end the following 

5 new clause: 

6 ‘‘(ii) In the case of a terminally ill individual de7 scribed in section 226(j)(2), the ‘first month’ described in 

8 clause (i) shall be treated as the waiting period referred 

9 to in paragraph (1)(F)(i).’’. 

10 (c) WIDOWER’S INSURANCE BENEFITS BASED ON

11 DISABILITY.—Section 202(f)(6) of such Act (42 U.S.C. 

12 402(f)(6)) is amended—

13 (1) in subparagraph (A), by adding after and 

14 below clause (ii) the following new sentence: 

15 ‘‘In the case of a terminally ill individual described in sec16 tion 226(j)(2), the reference in the preceding provisions 

17 of this subparagraph to a ‘period of five consecutive cal18 endar months’ shall be deemed a reference to a ‘period 

19 of one calendar month’, the reference in clause (ii)(I) to 

20 the ‘seventeenth month’ shall be deemed a reference to the 

21 ‘thirteenth month’, and the reference in clause (ii)(II) to 

22 the ‘fifth month before’ the month in which the period 

23 specified in paragraph (4) begins shall be deemed a ref24 erence to the ‘month before’ the month in which such pe25 riod begins.’’; and 
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1 (2) in subparagraph (B), by inserting ‘‘(i)’’ 

2 after ‘‘(B)’’, by inserting ‘‘in a case other than the 

3 case described in clause (ii),’’ after ‘‘paragraph 

4 (1)(F)(i),’’, and by adding at the end the following 

5 new clause: 

6 ‘‘(ii) In the case of a terminally ill individual de7 scribed in section 226(j)(2), the ‘first month’ described in 

8 clause (i) shall be treated as the waiting period referred 

9 to in paragraph (1)(F)(i).’’. 

10 SEC. 2. WAIVER OF MEDICARE DISABILITY WAITING PE11 RIOD IN THE CASE OF THE TERMINALLY ILL. 

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

13 Act (42 U.S.C. 426) is amended—

14 (1) by redesignating subsection (j) as sub15 section (k); and 

16 (2) by inserting after subsection (i) the fol17 lowing new subsection: 

18 ‘‘(j)(1) With respect to a terminally ill individual de19 scribed in paragraph (2) who would be entitled to benefits 

20 under subsection (b) but for the 24-month waiting period 

21 under subsection (b)(2), the following special rules apply: 

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

23 were no requirement for any entitlement to benefits, 

24 or status, for a period longer than one month. 
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1 ‘‘(B) The entitlement under such subsection 

2 shall begin with the first month (rather than twenty3 fifth month) of entitlement or status. 

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

5 ‘‘(2)(A) Subject to subparagraph (B), a terminally ill 

6 individual described in this paragraph is an individual 

7 who, in accordance with rules established by the Secretary, 

8 has been determined by a medical professional to have a 

9 medical condition that—

10 ‘‘(i) no longer responds to aggressive, cure11 oriented treatments; and 

12 ‘‘(ii) is expected to result in the death of 

13 the individual within the next 12 months. 

14 ‘‘(B) An individual described in subparagraph (A) 

15 shall not continue to be treated as a terminally ill indi16 vidual under this paragraph after the end of the 12 

17 months described in subparagraph (A)(ii) unless, before 

18 the end of such period, there is a review of the individual’s 

19 medical condition by a medical professional and a deter20 mination that the individual has a condition that continues 

21 to meet the conditions specified in subparagraph (A) as 

22 of the date of the review.’’. 

23 (b) CONFORMING AMENDMENT.—Section 1837 of 

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

25 end the following new subsection: 
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1 ‘‘(k) In applying this section in the case of a termi2 nally ill individual who is entitled to benefits under part 

3 A pursuant to the operation of section 226(j), the fol4 lowing special rules apply: 

5 ‘‘(1) The initial enrollment period under sub6 section (d) shall begin on the first day of the first 

7 month in which the individual satisfies the require8 ment of section 1836(1). 

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

10 enrollment period shall begin on the first day of the 

11 first month of entitlement to disability insurance 

12 benefits referred to in such subsection.’’. 

13 SEC. 3. EFFECTIVE DATE. 

14 The amendments made by this Act shall apply to ben15 efits for months beginning on or after January 1, 2004.

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