Disability Insurance Protection and Fraud Prevention Act of 2015

To amend title II of the Social Security Act to implement various reforms to the social security disability insurance program, and for other purposes. 1. Short title This Act may be cited as the Disability Insurance Protection and Fraud Prevention Act of 2015 2. Expansion of Cooperative Disability Investigations program (a) In general Not later than 1 year after the date of the enactment of this Act, the Inspector General of the Social Security Administration shall increase the number of cooperative disability investigative units to 54. (b) Distribution The Inspector General shall locate the cooperative disability investigative units established pursuant to subsection (a) in such manner as to ensure that such units are distributed equally among the most densely populated areas of the Nation. 3. Modification of certain criteria for the determination of disability (a) In general In determining whether an individual is under a disability for purposes of section 223 of the Social Security Act ( 42 U.S.C. 423 (1) may not consider an individual as approaching advanced age (as applicable for purposes of section 404.1563 of title 20, Code of Federal Regulations, as in effect on the date of the enactment of this Act), unless the individual has attained the age of 58; (2) may not consider an individual as having attained advanced age (as so applicable) unless the individual has attained the age of 61; and (3) may not consider the individual’s inability to communicate in English as a vocational factor (as applicable for purposes of section 404.1564 of such title). (b) Regulations Not later than 180 days after the date of the enactment of this Act, the Commissioner of Social Security shall issue regulations to implement subsection (a). 4. Combined effect of impairments not considered in disability determinations (a) Title II determinations Section 223(d)(2) of the Social Security Act ( 42 U.S.C. 423(d)(2) (b) Title XVI determinations Section 1614(a)(3) of such Act ( 42 U.S.C. 1382c(a)(3) (c) Conforming amendment Section 216(i)(1) of such Act ( 42 U.S.C. 416(i)(1) paragraphs (2)(A),(2)(B),(3), paragraphs (2)(A), (3), (d) Effective date The amendments made by this section shall take effect on the day that is 90 days after the date of enactment of this Act. 5. Mandatory funding for continuing disability reviews (a) In general Section 201(g)(1)(A) of the Social Security Act ( 42 U.S.C. 401(g)(1)(A) Of the amounts authorized to be made available for fiscal year 2002, $720,000,000. There is hereby appropriated for continuing disability reviews such sums as may be necessary for each of fiscal years 2016 through 2020. (b) Report Not later than 60 days after the end of fiscal year 2018, the Commissioner of Social Security shall submit a report to Congress that includes an assessment of the amount of savings attained as a result of the amendment made by subsection (a) in the Federal disability insurance program under title II of the Social Security Act and the Supplemental Security Income program under title XVI of such Act. 6. Disability demonstration program design report (a) In general Not later than 1 year after the date of enactment of this Act, the Commissioner of Social Security shall submit to Congress a report describing the design of a demonstration program that would meet the specifications in subsection (b), including recommendations for any legislative changes necessary to implement such a program. (b) Goals In order to improve the well-being of certain social security disability insurance applicants while also achieving near-term program cost neutrality and long-term cost savings, the Commissioner shall screen such applicants and target those who appear likely to be determined eligible for benefits but who also have the potential for significant work activity if provided with a range of services to be determined by the Commissioner. In exchange for suspending their social security disability insurance program application, these applicants would be offered a package of benefits, including targeted vocational and health interventions, wage subsidies based on how much the applicants can work and earn, and, if appropriate, an emergency cash diversion grant. 7. State disability reform demonstration program report (a) In general Not later than 1 year after the date of enactment of this Act, the Commissioner of Social Security shall submit to Congress a report describing the design of a demonstration program that would meet the specifications in subsection (b), including recommendations for any legislative changes necessary to implement such a program. (b) Goals (1) In general The Commissioner of Social Security shall work with the States to determine whether, if appropriate changes were made in the law, the existing funding streams for specific populations, such as vocational rehabilitation funding, Medicaid, Temporary Assistance for Needy Families, and workers’ compensation, could be modified to be delivered in a more coordinated manner to improve outcomes and reduce participation in supplemental security income or social security disability insurance. (2) Incentive funding States who successfully implemented such a program shall receive incentive funding to be determined by the Commissioner and subject to appropriations. (c) Definition For the purposes of this section, the term specific populations 8. Employers demonstration program report (a) In general Not later than 1 year after the date of enactment of this Act, the Commissioner of Social Security shall submit to Congress a report describing the design of a demonstration program that would meet the specifications in subsection (b), including recommendations for any legislative changes necessary to implement such a program. (b) Goals (1) In general In order to encourage employers to reduce the incidence of disability among their employees by 20 percent, the Commissioner of Social Security shall create a voluntary program for employers that would provide such employers with a tax credit with respect to social security disability insurance taxes if the employees of such employer do not file for social security disability insurance. (2) Baseline For each employer who volunteers to participate in the program, the Commission of Social Security shall determine a baseline predicted rate of social security disability insurance enrollment. (3) Employees tracked for program Employees employed on the date the employer enrolled in the program shall be tracked for a period of 3 years beginning on the date of enrollment in the program, whether or not they remain employed by such employer. If any such employee becomes eligible for social security disability insurance during such period, the employer’s disability insurance participation rate shall be affected. (4) Incentive At the end of the period, the employer’s disability insurance participation rate shall be compared to the baseline, and if the participation rate has fallen by at least 20 percent, the employer shall receive a social security disability insurance tax credit of 75 percent of the disability insurance cost savings during the period.

Summary: Disability Insurance Protection and Fraud Prevention Act of 2015 Requires the Inspector General of the Social Security Administration to increase the number of cooperative disability investigative units to 54 and distribute them equally among the most densely populated areas. Prohibits the Commissioner of Social Security, in determining whether an individual is under a disability for insurance benefit payment purposes, from considering: (1) an individual as approaching advanced age unless he or she has attained age 58; (2) an individual as having attained advanced age unless he or she has attained age 61; and (3) the individual's inability to communicate in English as a vocational factor. Amends titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVI (Supplemental Security Income) (SSI) of the Social Security Act to eliminate consideration of the combined effect of impairments in disability determinations. Makes appropriations for continuing disability reviews for FY2016-FY2020. Directs the Commissioner to assess for Congress after FY2018 the amount of savings attained as a result of such appropriations in the federal disability program under the OASDI and the SSI programs. Requires the Commissioner to describe for Congress the designs of: (1) a disability demonstration program, (2) a state demonstration program to revise specified existing funding streams for specific populations to improve outcomes and reduce participation in SSI or Social Security disability insurance, and (3) a demonstration program that encourages employers to reduce the incidence of disability among their employees by 20% through a voluntary program that provides the employers with a tax credit if their employees do not file for Social Security disability insurance.