I
103D CONGRESS
1ST SESSION
H. R. 3009
To amend titles XVI and XIX of the Social Security Act to improve work
incentives for people with disabilities.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 6, 1993
Mr. STARK (for himself and Mr. RAMSTAD) introduced the following bill;
which was referred jointly to the Committees on Ways and Means and
Energy and Commerce
A BILL
To amend titles XVI and XIX of the Social Security Act
to improve work incentives for people with disabilities.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Work Incentives
Amendments of 1993’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—ACCESS TO SSI WORK INCENTIVES
Sec. 101. Access to work incentives under SSI for SSDI-only recipients who
lose eligibility for SSDI benefits because of working.
TITLE II—WORK INCENTIVES WAIVER AUTHORITY
Sec. 201. Eligibility of certain individuals with disabilities for coverage under
Medicaid home and community-based care waivers.
Sec. 202. Waiver authority.
TITLE III—AMENDMENTS TO WORK INCENTIVES PROVISIONS
Sec. 301. Disregard deemed income of eligible spouse when determining contin-
ued Medicaid eligibiity under section 1619(b).
Sec. 302. Continuation of Medicaid for the aged who lose SSI due to excessive
earnings.
Sec. 303. Self-support plans not disapproved within 30 days to be deemed ap-
proved.
Sec. 304. Regulations regarding completion of self-support plans.
Sec. 305. Exclusion of income and resources under self-support plans in deter-
mining Medicaid eligibility in ‘‘section 209(b)’’ States.
Sec. 306. Expansion of self-support plans to include housing goals.
Sec. 307. Self-support plans for the aged.
Sec. 308. Additional State supplementation requirement.
Sec. 309. Treatment of unemployment compensation, worker’s compensation,
and sick pay as earned income for SSI purposes.
Sec. 310. Treatment of certain grant, scholarship, or fellowship income as
earned income for SSI purposes.
Sec. 311. SSI eligibility for students temporarily abroad.
TITLE IV—EFFECTIVE DATE
Sec. 401. Effective date.
TITLE I—ACCESS TO SSI WORK
INCENTIVES
SEC. 101. ACCESS TO WORK INCENTIVES UNDER SSI FOR
SSDI-ONLY RECIPIENTS WHO LOSE ELIGI-
BILITY FOR SSDI BENEFITS BECAUSE OF
WORKING.
(a) IN GENERAL.—Section 1619 of the Social Secu-
rity Act (42 U.S.C. 1382h) is amended—
(1) in subsection (a), by adding at the end the
following:
‘‘(3) Notwithstanding paragraph (1) of this sub-
section, a qualified individual shall not be required to have
been eligible to receive benefits under section 1611 (or a
State supplementary payment) for a month in order to
qualify for a monthly benefit under this subsection.’’;
(2) in subsection (b)—
(A) in paragraph (1), by inserting ‘‘(or, in
the case of a qualified individual, because of his
or her resources)’’; and
(B) by adding at the end the following:
‘‘(4)(A) The requirement in paragraph (1) of this
subsection, that an individual have been eligible to receive
a benefit under section 1611 or any federally administered
State supplementary payment for a month, shall not apply
to any qualified individual.
‘‘(B) In applying paragraph (1) of this subsection to
a qualified individual, the Secretary shall, for 12-month
period beginning 3 months after the end of the individual’s
period of trial work (as defined in section 222(c)), dis-
regard that portion of the resources of the individual, as
of the beginning of such 12-month period, that exceeds
the amount which would otherwise result in the ineligibil-
ity of the individual for benefits under this title.’’; and
(3) by adding at the end the following:
‘‘(e) As used in this section, the term ‘qualified indi-
vidual’ means an individual—
‘‘(1) who has been entitled to benefits under
subsection (d), (e), or (f) of section 202 based on
disability, or disability insurance benefits under sec-
tion 223;
‘‘(2) whose termination month (as defined in
section 223(a)(1)) has not commenced; and
‘‘(3) who files an application for benefits under
this title during the 3-month period immediately fol-
lowing the individual’s period of trial work (as de-
fined in 222(c)).’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall take effect on the date of the enact-
ment of this Act, and shall apply with respect to periods
of trial work (as defined in 222(c) of the Social Security
Act) ending on or after the date that is 3 months before
such date of enactment.
TITLE II—WORK INCENTIVES
WAIVER AUTHORITY
SEC. 201. ELIGIBILITY OF CERTAIN INDIVIDUALS WITH DIS-
ABILITIES FOR COVERAGE UNDER MEDICAID
HOME AND COMMUNITY-BASED CARE WAIV-
ERS.
(a) IN GENERAL.—Section 1915(c) of the Social Se-
curity Act (42 U.S.C. 1396n(c)) is amended by adding at
the end the following new paragraph:
‘‘(11)(A) At the request of a State, the State plan
may provide services under a waiver under this subsection
to any individual described as follows (but only if such
individual would otherwise be entitled to services under the
waiver):
‘‘(i) An individual who receives benefits under
subsection (d), (e), or (f) of section 202 based on
disability, or disability insurance benefits under sec-
tion 223.
‘‘(ii) An individual who would be entitled to
benefits under subsection (d), (e), or (f) of section
202 based on disability, disability insurance benefits
under section 223, or benefits under section 1611
through the application of section 1619, if the indi-
vidual’s earnings did not exceed the applicable cri-
teria used by the Secretary to determine whether an
individual has demonstrated an ability to engage in
substantial gainful activity.
‘‘(B) In the case of an individual described in sub-
paragraph (A)(ii), a waiver under this subsection may also
include a waiver of the provisions of section 1903(f)(4)(C)
requiring the Secretary to disregard subsection (b) of sec-
tion 1612 in determining whether the individual’s income
exceeds 300 percent of the supplemental security income
benefit rate established by section 1611(b)(1).’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to waivers under section 1915(c)
of the Social Security Act for quarters beginning 90 or
more days after the date of the enactment of this Act.
SEC. 202. WAIVER AUTHORITY.
Part A of title XVI of the Social Security Act (42
U.S.C. 1381–1382j)) is amended by adding at the end the
following:
‘‘SEC. 1622. WORK INCENTIVES.
‘‘(a) REQUEST.—For the purpose of enabling individ-
uals who are aged, blind, or disabled individuals to work,
any State may request the Secretary to apply subsection
(c) with respect to the residents of the State.
‘‘(b) PROVISION OF WORK INCENTIVES.—The Sec-
retary shall apply subsection (c) with respect to the resi-
dents of a State that has submitted a request under sub-
section (a) if the Secretary finds that doing so would be
cost-effective and efficient and not inconsistent with the
purposes of this title, and would encourage work by indi-
viduals with severe disabilities.
‘‘(c) NATURE OF WORK INCENTIVES.—In determin-
ing whether any resident of the State is eligible for bene-
fits under this title and, if so, the amount of such bene-
fits—
‘‘(1) section 1612(b)(4) shall be applied—
‘‘(A) by substituting ‘not more than
$2,400 (as agreed upon by the Secretary and
the State in which the individual resides)’ for
‘$780’ each place such term appears; and
‘‘(B) by substituting ‘one-third’ for ‘one-
half’ each place such term appears; and
‘‘(2) earned income shall be excluded under sec-
tion 1612(b) only pursuant to paragraphs (1),
(2)(A), and (4) of such section.’’.
TITLE III—AMENDMENTS TO
WORK INCENTIVES PROVISIONS
SEC. 301. DISREGARD DEEMED INCOME OF INELIGIBLE
SPOUSE WHEN DETERMINING CONTINUED
MEDICAID 
ELIGIBIITY 
UNDER 
SECTION
1619(b).
Section 1614(f)(1) of the Social Security Act (42
U.S.C. 1382c(f)(1)) is amended by inserting ‘‘(other than
under section 1619(b))’’ after ‘‘benefits’’.
SEC. 302. CONTINUATION OF MEDICAID FOR THE AGED
WHO LOSE SSI DUE TO EXCESSIVE EARNINGS.
Section 1619 of the Social Security Act (42 U.S.C.
1382h) is amended by adding at the end the following:
‘‘(e) For purposes of title XIX, any individual who
was determined to be an eligible individual (or eligible
spouse) by reason of age and was eligible to receive bene-
fits under section 1611 (or a federally administered State
supplementary payment) for a month, and who becomes
ineligible to receive such benefits for a subsequent month
solely due to excessive income shall, neverthelesss, be con-
sidered to be receiving supplemental security income bene-
fits for so long as the individual continues to be otherwise
eligible for benefits under this title.’’.
SEC. 303. SELF-SUPPORT PLANS NOT DISAPPROVED WITH-
IN 30 DAYS TO BE DEEMED APPROVED.
(a) AMENDMENTS TO INCOME EXCLUSION RULES.—
Section 1612(b)(4) of the Social Security Act (42 U.S.C.
1382a(b)(4)(A)) is amended in each of subparagraphs (A)
and (B) by inserting ‘‘and, for purposes of this clause,
a plan for self-support which is not disapproved by the
Secretary within 30 days after the date of submission shall
be deemed to be approved by the Secretary until subse-
quently disapproved by the Secretary,’’ after ‘‘plan,’’.
(b) 
AMENDMENT
TO
RESOURCE
EXCLUSION
RULE.—Section 1613(a)(4) of such Act (42 U.S.C.
1382b(a)(4)) is amended by inserting ‘‘and, for purposes
of this paragraph, a plan for self-support which is not dis-
approved by the Secretary within 30 days after the date
of submission shall be deemed to be approved by the Sec-
retary until subsequently disapproved by the Secretary,’’
after ‘‘such plan’’.
‘‘is not’’ and inserting the following: ‘‘and the re-
sources of any such individual (excluding any re-
sources excluded under a plan for achieving self-sup-
port approved by the Secretary under section
1613(a)(4)) are not’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to quarters beginning on or
after the expiration of the 90-day period that begins on
the date of the enactment of this Act.
SEC. 306. EXPANSION OF SELF-SUPPORT PLANS TO IN-
CLUDE HOUSING GOALS.
Section 1612(b)(4) of the Social Security Act (42
U.S.C. 1382a(b)(4)) is amended in each of subparagraphs
(A)(iii) and (B)(iv), by inserting ‘‘, containing a career
or housing goal, that has been’’ before ‘‘approved’’ and
Section 1613(a)(4) of the Social Security Act (42 U.S.C.
1382b(a)(4)) is amended by inserting ‘‘, containing a ca-
reer or housing goal, that has been’’ before ‘‘approved’’.
SEC. 307. SELF-SUPPORT PLANS FOR THE AGED.
(a) INCOME EXCLUSION.—Section 1612(b)(4) of the
Social Security Act (42 U.S.C. 1382a(b)(4) is amended—
(1) in subparagraph (A), by striking the comma
at the end and inserting ‘‘; or’’
(2) in subparagraph (B)—
(1) by striking ‘‘and’’ at the end of subpara-
graph (D); and
(2) by adding at the end the following:
‘‘(F) unemployment compensation benefits
and worker’s compensation benefits paid under
any Federal or State law, and benefits paid to
an individual as compensation for sick leave not
taken by the individual; and’’.
SEC. 310. TREATMENT OF CERTAIN GRANT, SCHOLARSHIP,
OR FELLOWSHIP INCOME AS EARNED IN-
COME FOR SSI PURPOSES.
Section 1612(a)(1) of the Social Security Act (42
U.S.C. 1382a(a)(1)), as amended by section 309 of this
Act, is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (E); and
(2) by adding at the end the following:
‘‘(G) any grant, scholarship, or fellowship
described in section 1612(b)(7) to the extent
not excluded from income pursuant to such sec-
tion.’’.
SEC. 311. SSI ELIGIBILITY FOR STUDENTS TEMPORARILY
ABROAD.
Section 1611(f) of the Social Security Act (42 U.S.C.
1382(f)) is amended by adding at the end the following:
‘‘The 1st sentence of this subsection shall not apply to
any individual who demonstrates to the satisfaction of the
Secretary that the absence of the individual from the Unit-
ed States will be temporary and for the purpose of con-
ducting studies as part of an educational program related
to an educational institution in the United States.’’.
TITLE IV—EFFECTIVE DATE
SEC. 401. EFFECTIVE DATE.
Except as otherwise provided in this Act, the amend-
ments made by this Act shall take effect on the 1st day
of the 1st calendar month that begins 90 or more days
after the date of the enactment of this Act.
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