I 

110TH CONGRESS 

1ST SESSION H. R. 154 

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 

JANUARY 4, 2007 

Mr. GENE GREEN of Texas 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, 

3 SECTION 1. SHORT TITLE. 

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

5 Disability Waiting Period Act of 2007’’. 


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

2 DISABILITY BENEFITS. 

3 (a) IN GENERAL.—Section 226(b) of the Social Secu4 rity Act (42 U.S.C. 426(b)) is amended— 

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

6 for 24 calendar months been entitled to,’’ and insert7 ing ‘‘, and for the waiting period (as defined in sub8 section (k)) has been entitled to,’’; 

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

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

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

12 subsection (k)),’’; 

13 (3) in paragraph (2)(C)(ii), by striking ‘‘, in14 cluding the requirement that he has been entitled to 

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

16 ‘‘, including the requirement that the individual has 

17 been entitled to the specified benefits for the waiting 

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

19 (4) in the flush matter following paragraph 

20 (2)(C)(ii)(II)— 

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

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

23 1973 or (II) the twenty-fifth month of his enti24 tlement or status as a qualified railroad retire25 ment beneficiary described in paragraph (2), 

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


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1 after the waiting period (as so defined) for 

2 which the individual satisfies paragraph (2) 

3 and’’; 

4 (B) in the second sentence, by striking 

5 ‘‘the ‘twenty-fifth month of his entitlement’ re6 fers to the first month after the twenty-fourth 

7 month of entitlement to specified benefits re8 ferred to in paragraph (2)(C) and’’; and 

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

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

11 (b) SCHEDULE FOR PHASE OUT OF WAITING PE12 RIOD.—Section 226 of the Social Security Act (42 U.S.C. 

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

14 subsection: 

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

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

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

18 period’ means— 

19 ‘‘(1) for 2008, 18 months; 

20 ‘‘(2) for 2009, 16 months; 

21 ‘‘(3) for 2010, 14 months; 

22 ‘‘(4) for 2011, 12 months; 

23 ‘‘(5) for 2012, 10 months; 

24 ‘‘(6) for 2013, 8 months; 

25 ‘‘(7) for 2014, 6 months; 


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1 ‘‘(8) for 2015, 4 months; 

2 ‘‘(9) for 2016, 2 months; and 

3 ‘‘(10) for 2017 and each subsequent year, 0 

4 months.’’. 

5 (c) CONFORMING AMENDMENTS.— 

6 (1) SUNSET.—Effective January 1, 2017, sub7 section (f) of section 226 of the Social Security Act 

8 (42 U.S.C. 426) is repealed. 

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

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

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

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

13 in section 226(k))’’. 

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

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

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

17 third month before the 25th month of such entitle18 ment’’ and inserting ‘‘of the third month before the 

19 first month following the waiting period (as defined 

20 in section 226(k)) applicable under section 226(b)’’. 

21 (4) RAILROAD RETIREMENT SYSTEM.—Section 

22 7(d)(2)(ii) of the Railroad Retirement Act of 1974 

23 (45 U.S.C. 231f(d)(2)(ii)) is amended— 

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

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


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1 (as defined in section 226(k) of the Social Secu2 rity Act)’’; and 

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

4 for 24 calendar months, and’’ and inserting 

5 ‘‘could have been entitled for the waiting period 

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

8 (d) EFFECTIVE DATE.—Except as provided in sub9 section (c)(1), the amendments made by this section shall 

10 apply to insurance benefits under title XVIII of the Social 

11 Security Act with respect to items and services furnished 

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

13 the enactment of this Act. 

14 SEC. 3. ELIMINATION OF WAITING PERIOD FOR INDIVID15 UALS WITH LIFE-THREATENING CONDITIONS. 

16 (a) IN GENERAL.—Section 226(h) of the Social Secu17 rity Act (42 U.S.C. 426(h)) is amended— 

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

19 (3) as subparagraphs (A), (B), and (C), respectively; 

20 (2) in the matter preceding subparagraph (A) 

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

22 ‘‘(1)’’ after ‘‘(h)’’; 

23 (3) in paragraph (1) (as designated by para24 graph (2))— 


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1 (A) in the matter preceding subparagraph 

2 (A) (as redesignated by paragraph (1)), by in3 serting ‘‘or any other life-threatening condition 

4 identified by the Secretary’’ after ‘‘amyotrophic 

5 lateral sclerosis (ALS)’’; and 

6 (B) in subparagraph (B) (as redesignated 

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

8 twenty-fifth month)’’; and 

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

10 paragraph: 

11 ‘‘(2) For purposes of identifying life-threatening con12 ditions under paragraph (1), the Secretary shall compile 

13 a list of conditions that are fatal without medical treat14 ment. In compiling such list, the Secretary shall consult 

15 with the Director of the National Institutes of Health (in16 cluding the Office of Rare Diseases), the Director of the 

17 Centers for Disease Control and Prevention, the Director 

18 of the National Science Foundation, and the Institute of 

19 Medicine of the National Academy of Sciences.’’. 

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

21 this section shall apply to insurance benefits under title 

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

23 services furnished in months beginning at least 90 days 

24 after the date of the enactment of this Act. 


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

2 DELAY AND PREVENTION OF DISABILITY 

3 CONDITIONS. 

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

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

6 shall request that the Institute of Medicine of the National 

7 Academy of Sciences conduct a study on the range of dis8 ability conditions that can be delayed or prevented if indi9 viduals receive access to health care services and coverage 

10 before the condition reaches disability levels. 

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

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

13 submit to Congress a report containing the results of the 

14 Institute of Medicine study authorized under this section. 

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to carry out this section 

17 $750,000 for the period of fiscal years 2008 and 2009. 

Æ 


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