I 

118TH CONGRESS 

1ST SESSION H. R. 6640 

To secure the rights and dignity of marriage for Disabled Adult Children, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 6, 2023 

Mr. PANETTA (for himself and Ms. LOFGREN) 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 secure the rights and dignity of marriage for Disabled 

Adult Children, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Marriage Equality for 

5 Disabled Adults Act’’. 

6 SEC. 2. ELIMINATION OF MARRIAGE RESTRICTION FOR 

7 DISABLED ADULT CHILDREN. 

8 (a) IN GENERAL.—Section 202(d) of the Social Secu9 rity Act (42 U.S.C. 402(d)) is amended— 


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1 (1) in paragraph (1)(B), by striking ‘‘was un2 married and’’; 

3 (2) by amending paragraph (1)(D) to read as 

4 follows: 

5 ‘‘(D) the month in which such child dies;’’; 

6 and 

7 (3) by striking paragraph (5). 

8 (b) CONFORMING AMENDMENT.—Section 202(s)(2) 

9 of such Act (42 U.S.C. 402(s)(2)) is amended by striking 

10 ‘‘(d)(5),’’. 

11 SEC. 3. MODIFICATION OF RULES TO DETERMINE MARITAL 

12 RELATIONSHIPS. 

13 (a) IN GENERAL.—Section 1614(d) of the Social Se14 curity Act (42 U.S.C. 1382c(d)) is amended by striking 

15 ‘‘except that’’ and all that follows through the end of the 

16 subsection and inserting ‘‘except that if two individuals 

17 have been determined to be married under section 

18 216(h)(1) for purposes of title II they shall be considered 

19 (from and after the date of such determination or the date 

20 of their application for benefits under this title, whichever 

21 is later) to be married for purposes of this title.’’. 

22 (b) CONFORMING AMENDMENTS.—Title XVI of the 

23 Social Security Act (42 U.S.C. 1381 et seq.) is amended— 

24 (1) in section 1611(e)(3)— 


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1 (A) by striking ‘‘a husband and wife’’ each 

2 place it appears and inserting ‘‘two married in3 dividuals’’; and 

4 (B) by striking ‘‘such husband and wife’’ 

5 and inserting ‘‘such married individuals’’; 

6 (2) in section 1614(b)— 

7 (A) in the first sentence, by striking ‘‘the 

8 husband or wife of’’ and inserting ‘‘married to’’; 

9 and 

10 (B) in the second sentence, by striking 

11 ‘‘husband and wife’’ and inserting ‘‘married’’; 

12 and 

13 (3) in section 1631(b)(1)(A)(i), by striking 

14 ‘‘husband or wife’’ and inserting ‘‘spouse’’. 

15 SEC. 4. INCOME AND RESOURCE DEEMING RULES. 

16 Section 1614(f) of the Social Security Act (42 U.S.C. 

17 1382c(f)) is amended by adding at the end the following: 

18 ‘‘(5) Notwithstanding paragraph (1) of this 

19 subsection, for purposes of determining eligibility 

20 for, and the amount of, benefits for a married indi21 vidual who is entitled to a child’s insurance benefit 

22 based on a disability under section 202(d), or for the 

23 spouse of such an individual, the income and re24 sources of the one spouse is deemed to not include 

25 any income or resources of the other spouse.’’. 


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1 SEC. 5. RETENTION OF MEDICAID FOR CERTAIN MARRIED 

2 INDIVIDUALS. 

3 Section 1634 of the Social Security Act (42 U.S.C. 

4 1383(c)) is amended by adding at the end the following: 

5 ‘‘(e) In the case of a State that exercises the option 

6 under section 1902(f), any individual who— 

7 ‘‘(1) is a married individual who is entitled to 

8 a child’s insurance benefit based on a disability for 

9 any month under section 202(d) or the spouse of 

10 such an individual; and 

11 ‘‘(2) would be eligible for medical assistance 

12 under the State plan approved under title XIX if the 

13 individual were unmarried, 

14 shall remain eligible for medical assistance under such 

15 plan for so long as the individual satisfies the criteria de16 scribed in paragraphs (1) and (2).’’. 

17 SEC. 6. SENSE OF CONGRESS. 

18 It is the sense of the United States Congress that— 

19 (1) Disabled Adult Children, if married, should 

20 remain eligible for all Medicare, Medicaid, and So21 cial Security benefits under the same terms as they 

22 would if unmarried, regardless of State of residence 

23 or State Medicaid law; specifically, this legislation 

24 should not impact a Disabled Adult Child’s eligibility 

25 for any Medicaid services for which they were eligi26 ble when unmarried; 


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1 (2) regardless of marital status, eligibility of 

2 Disabled Adult Children to receive Federal Medi3 care, Medicaid, and Social Security benefits should 

4 not be impacted by any ‘‘holding out’’ status as de5 fined in section 1382c(d) of title 42, United States 

6 Code; and 

7 (3) Disabled Adult Children’s eligibility for So8 cial Security Disability Insurance benefits should not 

9 be conditioned on geographic location or residency in 

10 the United States. 

Æ 


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