I
103D CONGRESS
1ST SESSION
H. R. 1712
To amend title XVI of the Social Security Act to institute certain reforms
relating to representative payees and to the provision of supplemental
security income benefits to the disabled based on substance abuse, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 7, 1993
Mr. THOMAS of California (for himself, Mr. SHAW, Mr. OXLEY, and Mr. LIV-
INGSTON) introduced the following bill; which was referred jointly to the
Committees on Ways and Means and Energy and Commerce
A BILL
To amend title XVI of the Social Security Act to institute
certain reforms relating to representative payees and to
the provision of supplemental security income benefits
to the disabled based on substance abuse, and for other
purposes.
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 ‘‘SSI Disability Reform
Act of 1993’’.
SEC. 2. REPRESENTATIVE PAYEE REFORMS.
(a) AUTHORITY OF GOVERNMENT AGENCIES TO BE-
COME
PAID
REPRESENTATIVE
PAYEES.—Section
1631(a)(2)(D)(ii) of the Social Security Act (42 U.S.C.
1383(a)(2)(D)(ii)) is amended by adding at the end the
following: ‘‘The term ‘qualified organization’ also includes
any government agency that meets the requirements of
items (aa) and (bb) of subclause (II).’’.
(b) MAXIMUM FEE PAYABLE TO REPRESENTATIVE
PAYEES.—Section 1631(a)(2)(D)(i) of such Act (42
U.S.C. 1383(a)(2)(D)(i)) is amended by striking ‘‘the less-
er of—’’ and all that follows and inserting ‘‘10 percent
of the monthly benefit involved.’’.
SEC. 3. REFORM OF SSI DISABILITY BENEFITS BASED ON
SUBSTANCE ABUSE.
(a) IN GENERAL.—Section 1611(e)(3) of the Social
Security Act (42 U.S.C. 1382(e)(3)) is amended—
(1) by striking all that precedes subparagraph
(B) and inserting the following:
‘‘(3)(A) Notwithstanding paragraphs (1) and (2), a
person who (but for this subparagraph) would be an eligi-
ble individual or eligible spouse for purposes of this title
solely by reason of disability and who is medically deter-
mined to be a drug addict or an alcoholic shall not be
such an eligible individual or eligible spouse until—
‘‘(i) the person, through an outpatient rehabili-
tation program, has undergone treatment appro-
priate for such condition for 3 months at an institu-
tion or facility approved by the Secretary for pur-
poses of this paragraph, and has complied with the
terms, conditions, and requirements of such treat-
ment and with the requirements imposed under sub-
paragraph (D); and
‘‘(ii) the State in which the person resides de-
termines that—
‘‘(I) the person has made progress towards
recovery, or has recovered; or
‘‘(II) if the person has not made progress
towards recovery, the person meets such re-
quirements established in regulations as the
Secretary deems appropriate to effectuate the
purposes of this title.’’;
(2) by redesignating subparagraph (B) as sub-
paragraph (D);
(3) by inserting after the matter added by para-
graph (1) of this subsection the following:
‘‘(B) If, after the 3-month treatment period referred
to in subparagraph (A)(i), the State determines that the
person has not recovered from the condition treated, then,
as a condition of receiving benefits under this title by rea-
son of disability, the person must continue to comply with
the terms, conditions, and requirements of such treatment
and with the requirements imposed under subparagraph
(D), until recovery.
‘‘(C)(i) A person who fails to continue treatment as
required by subparagraph (B) shall not be an eligible indi-
vidual or an eligible spouse for purposes of this title by
reason of disability, until the person has completed 2
weeks of such treatment.
‘‘(ii) A person who has become an eligible individual
or an eligible spouse for purposes of this title by reason
of disability after clause (i) has been applied to the person,
and who fails to continue treatment as required by sub-
paragraph (B), shall not be an eligible individual or an
eligible spouse for purposes of this title by reason of dis-
ability, until the person has completed 2 months of such
treatment.
‘‘(iii) A person who has become an eligible individual
or an eligible spouse for purposes of this title by reason
of disability after clause (ii) has been applied to the per-
son, and who fails to continue treatment as required by
subparagraph (B), shall not again become an eligible indi-
vidual or an eligible spouse for purposes of this title by
reason of disability.’’; and
(4) by adding at the end the following:
‘‘(E) The Secretary, in consultation with drug and
alcohol treatment professionals, shall develop standards
for drug and alcohol treatment programs, and in consulta-
tion with States, shall develop guidelines to be used to re-
view and evaluate the progress of participants in such
programs.’’.
(b) PRESERVATION OF MEDICAID BENEFITS.—Sec-
tion 1634 of such title (42 U.S.C. 1383c) is amended by
adding at the end the following:
‘‘(e) For purposes of title XIX, each person who is
not an eligible individual or an eligible spouse solely by
reason of section 1611(e)(3) shall be treated as receiving
benefits under this title for so long as such person would
be eligible for such benefits in the absence of such
section.’’.
SEC. 4. MANDATORY MEDICAID COVERAGE OF SUBSTANCE
ABUSE TREATMENT PROGRAMS FOR DIS-
ABLED SSI BENEFICIARIES.
(a) IN GENERAL.—Section 1905 of the Social Secu-
rity Act (42 U.S.C. 1396d) is amended—
(1) in subsection (a)—
(A) by striking ‘‘and’’ at the end of para-
graph (21),
(B) by striking the comma at the end of
paragraph (24) and inserting a semicolon,
(C) by redesignating paragraphs (22),
(23), and (24) as paragraphs (25), (22), and
(23), respectively, and by transferring and in-
serting paragraph (25) after paragraph (23), as
so redesignated, and
(D) by inserting after paragraph (23) the
following new paragraph:
‘‘(24) approved substance abuse treatment serv-
ices for certain disabled beneficiaries (as described
in subsection (t)(1)); and’’; and
(2) by adding at the end the following new sub-
section:
‘‘(t)(1) For purposes of subsection (a)(24), approved
substance abuse treatment services for certain disabled
beneficiaries are services provided to an individual de-
scribed in section 1611(e)(3)(A) through a program ap-
proved by the Secretary to provide substance abuse treat-
ment services for purposes of enabling such individuals to
meet the requirements of clause (i) of such section.
‘‘(2) No payment shall be made under section
1903(a) to a State for medical assistance for approved
substance abuse treatment services for certain disabled
beneficiaries provided to any individual after the 3-month
period that begins on the date the individual first receives
such services.’’.