I 

117TH CONGRESS 

2D SESSION H. R. 6405 

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

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 13, 2022 

Mr. PANETTA 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 clause (1)(B), by striking ‘‘was unmar2 ried and’’; 

3 (2) by amending clause (1)(D) to read ‘‘the 

4 month in which such child dies,’’; and 

5 (3) by striking paragraph (5). 

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

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

8 ‘‘(d)(5),’’. 

9 SEC. 3. MODIFICATION OF RULES TO DETERMINE MARITAL 

10 RELATIONSHIPS. 

11 (a) IN GENERAL.—Section 1614(d) of the Social Se12 curity Act (42 U.S.C. 1382c(d)) is amended by striking 

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

14 subsection and inserting ‘‘except that if two individuals 

15 have been determined to be married under section 

16 216(h)(1) for purposes of title II they shall be considered 

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

18 of their application for benefits under this title, whichever 

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

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

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

22 (1) in section 1611(e)(3)— 

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

24 place it appears and inserting ‘‘two married in25 dividuals’’; and 


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

2 and inserting ‘‘such married individuals’’; 

3 (2) in section 1614(b)— 

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

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

6 and 

7 (B) in the second sentence, by striking 

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

9 and 

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

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

12 SEC. 4. INCOME AND RESOURCE DEEMING RULES. 

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

14 1382c(f)) is amended by adding at the end the following: 

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

16 subsection, for purposes of determining eligibility 

17 for, and the amount of, benefits for a married indi18 vidual who is entitled to a child’s insurance benefit 

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

20 spouse of such an individual, the income and re21 sources of the one spouse is deemed to not include 

22 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).’’. 

Æ 


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