SECTION 1. ENTITLEMENT TO MEDICARE BENEFITS OF DI-
VORCED INDIVIDUALS ON THE BASIS OF
MARRIAGE TO ANY 2 FULLY INSURED INDI-
VIDUALS FOR A TOTAL PERIOD OF 10 YEARS.
(a) IN GENERAL.—Section 226(e)(1) of the Social
Security Act (42 U.S.C. 426(e)(1)) is amended by adding
at the end the following:
‘‘(C)(i) In the case of an individual—
‘‘(I) who is divorced,
‘‘(II) who fails to meet the requirements for en-
titlement to wife’s, husband’s, widow’s, or widower’s
insurance benefits (other than filing an application
therefor) solely by reason of the individual’s failure
to have been married at the time of divorce for the
10-year period required under paragraph (1) or (4)
of section 216(d), and
‘‘(III) whose total period of marriage to any 2
spouses who were fully insured at the time of the
termination of the respective marriages is at least 10
years,
such individual shall be treated, solely for purposes of de-
termining entitlement under this section, as entitled to
such wife’s, husband’s, widow’s, or widower’s insurance
benefits.
‘‘(ii) The Commissioner of Social Security shall make
the determination of whether an individual meets the re-
quirements for treatment under this subparagraph as
being entitled to wife’s, husband’s, widow’s, or widower’s
insurance benefits upon the filing by such individual of
an application for such treatment and shall transmit the
Commissioner’s determination to the Secretary. An indi-
vidual’s treatment as being so entitled shall commence
with the month following the month in which the Commis-
sioner’s determination that the individual meets such re-
quirements is made.’’.
(b) ENTITLEMENT BASED ON END STAGE RENAL
DISEASE.—Section 226A of such Act (42 U.S.C. 426–1)
is amended by adding at the end the following:
‘‘(d)(1) In the case of an individual—
‘‘(A) who is divorced,
‘‘(B) who fails to meet the requirements for en-
titlement to wife’s, husband’s, widow’s, or widower’s
insurance benefits (other than filing an application
therefor) solely by reason of the individual’s failure
to have been married at the time of divorce for the
10-year period required under paragraph (1) or (4)
of section 216(d), and
‘‘(C) whose total period of marriage to any 2
spouses who were fully insured at the time of the
termination of marriage is at least 10 years,
such individual shall be treated, solely for purposes of de-
termining entitlement under this section, as entitled to
such wife’s, husband’s, widow’s, or widower’s insurance
benefits.
‘‘(2) The Commissioner of Social Security shall make
the determination of whether an individual meets the re-
quirements for treatment under this subsection as being
entitled to wife’s, husband’s, widow’s, or widower’s insur-
ance benefits upon the filing by such individual of an ap-
plication for such treatment and shall transmit the Com-
missioner’s determination to the Secretary. An individual’s
treatment as being so entitled shall commence with the
month following the month in which the Commissioner’s
determination that the individual meets such requirements
is made.’’.
SEC. 2. EFFECTIVE DATE.
The amendments made by this Act shall apply with
respect to determinations made by the Commissioner of
Social Security after the date of the enactment of this Act
pursuant to section 226(e)(1)(C)(ii) or 226A(d)(2) of the
Social Security Act (added by this Act).
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