I 
118TH CONGRESS 
1ST SESSION H. R. 6640 
To secure the rights and dignity of marriage for Disabled Adult Children, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 6, 2023 
Mr. PANETTA (for himself and Ms. LOFGREN) introduced the following bill; 
which was referred to the Committee on Ways and Means, and in addi-
tion to the Committee on Energy and Commerce, for a period to be sub-
sequently determined by the Speaker, in each case for consideration of 
such provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To secure the rights and dignity of marriage for Disabled 
Adult Children, 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 ‘‘Marriage Equality for 
Disabled Adults Act’’. 
SEC. 2. ELIMINATION OF MARRIAGE RESTRICTION FOR 
DISABLED ADULT CHILDREN. 
(a) IN GENERAL.—Section 202(d) of the Social Secu-
rity Act (42 U.S.C. 402(d)) is amended— 
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(1) in paragraph (1)(B), by striking ‘‘was un-
married and’’; 
(2) by amending paragraph (1)(D) to read as 
follows: 
‘‘(D) the month in which such child dies;’’; 
and 
(3) by striking paragraph (5). 
(b) CONFORMING AMENDMENT.—Section 202(s)(2) 
of such Act (42 U.S.C. 402(s)(2)) is amended by striking 
‘‘(d)(5),’’. 
SEC. 3. MODIFICATION OF RULES TO DETERMINE MARITAL 
RELATIONSHIPS. 
(a) IN GENERAL.—Section 1614(d) of the Social Se-
curity Act (42 U.S.C. 1382c(d)) is amended by striking 
‘‘except that’’ and all that follows through the end of the 
subsection and inserting ‘‘except that if two individuals 
have been determined to be married under section 
216(h)(1) for purposes of title II they shall be considered 
(from and after the date of such determination or the date 
of their application for benefits under this title, whichever 
is later) to be married for purposes of this title.’’. 
(b) CONFORMING AMENDMENTS.—Title XVI of the 
Social Security Act (42 U.S.C. 1381 et seq.) is amended— 
(1) in section 1611(e)(3)— 
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(A) by striking ‘‘a husband and wife’’ each 
place it appears and inserting ‘‘two married in-
dividuals’’; and 
(B) by striking ‘‘such husband and wife’’ 
and inserting ‘‘such married individuals’’; 
(2) in section 1614(b)— 
(A) in the first sentence, by striking ‘‘the 
husband or wife of’’ and inserting ‘‘married to’’; 
and 
(B) in the second sentence, by striking 
‘‘husband and wife’’ and inserting ‘‘married’’; 
and 
(3) in section 1631(b)(1)(A)(i), by striking 
‘‘husband or wife’’ and inserting ‘‘spouse’’. 
SEC. 4. INCOME AND RESOURCE DEEMING RULES. 
Section 1614(f) of the Social Security Act (42 U.S.C. 
1382c(f)) is amended by adding at the end the following: 
‘‘(5) Notwithstanding paragraph (1) of this 
subsection, for purposes of determining eligibility 
for, and the amount of, benefits for a married indi-
vidual who is entitled to a child’s insurance benefit 
based on a disability under section 202(d), or for the 
spouse of such an individual, the income and re-
sources of the one spouse is deemed to not include 
any income or resources of the other spouse.’’. 
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SEC. 5. RETENTION OF MEDICAID FOR CERTAIN MARRIED 
INDIVIDUALS. 
Section 1634 of the Social Security Act (42 U.S.C. 
1383(c)) is amended by adding at the end the following: 
‘‘(e) In the case of a State that exercises the option 
under section 1902(f), any individual who— 
‘‘(1) is a married individual who is entitled to 
a child’s insurance benefit based on a disability for 
any month under section 202(d) or the spouse of 
such an individual; and 
‘‘(2) would be eligible for medical assistance 
under the State plan approved under title XIX if the 
individual were unmarried, 
shall remain eligible for medical assistance under such 
plan for so long as the individual satisfies the criteria de-
scribed in paragraphs (1) and (2).’’. 
SEC. 6. SENSE OF CONGRESS. 
It is the sense of the United States Congress that— 
(1) Disabled Adult Children, if married, should 
remain eligible for all Medicare, Medicaid, and So-
cial Security benefits under the same terms as they 
would if unmarried, regardless of State of residence 
or State Medicaid law; specifically, this legislation 
should not impact a Disabled Adult Child’s eligibility 
for any Medicaid services for which they were eligi-
ble when unmarried; 
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(2) regardless of marital status, eligibility of 
Disabled Adult Children to receive Federal Medi-
care, Medicaid, and Social Security benefits should 
not be impacted by any ‘‘holding out’’ status as de-
fined in section 1382c(d) of title 42, United States 
Code; and 
(3) Disabled Adult Children’s eligibility for So-
cial Security Disability Insurance benefits should not 
be conditioned on geographic location or residency in 
the United States. 
Æ 
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