I 
108TH CONGRESS 
1ST SESSION H. R. 3382
To amend titles II and XVIII of the Social Security Act to waive certain 
waiting periods for Social Security disability and Medicare benefits in 
the case of a terminally ill, disabled individual. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 28, 2003
Mr. ROGERS of Alabama introduced the following bill; which was referred to 
the Committee on Ways and Means, and in addition to the Committee 
on Energy and Commerce, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To amend titles II and XVIII of the Social Security Act 
to waive certain waiting periods for Social Security dis-
ability and Medicare benefits in the case of a terminally 
ill, disabled individual.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. WAIVER OF SOCIAL SECURITY DISABILITY 
WAITING PERIOD IN THE CASE OF THE TER-
MINALLY ILL. 
(a) DISABILITY
INSURANCE
BENEFITS.—Section 
223(c)(2) of the Social Security Act (42 U.S.C. 423(c)(2))
is amended by inserting after and below subparagraph (B) 
the following new sentence: 
‘‘In the case of an individual described in section 
226(j)(2), the reference in the preceding provisions of this 
paragraph to the ‘period of five consecutive calendar 
months’ shall be deemed a reference to a ‘period of one 
calendar month’, and the references in such provisions to 
the ‘seventeenth month’ shall be deemed references to the 
‘thirteenth month’.’’. 
(b) WIDOW’S INSURANCE BENEFITS BASED ON DIS-
ABILITY.—Section 202(e)(5) of such Act (42 U.S.C. 
402(e)(5)) is amended—
(1) in subparagraph (A), by adding after and 
below clause (ii) the following new sentence: 
‘‘In the case of a terminally ill individual described in sec-
tion 226(j)(2), the reference in the preceding provisions 
of this subparagraph to a ‘period of five consecutive cal-
endar months’ shall be deemed a reference to a ‘period 
of one calendar month’, the reference in clause (ii)(I) to 
the ‘seventeenth month’ shall be deemed a reference to the 
‘thirteenth month’, and the reference in clause (ii)(II) to 
the ‘fifth month before’ the month in which the period 
specified in paragraph (4) begins shall be deemed a ref-
erence to the ‘month before’ the month in which such pe-
riod begins.’’; and
(2) in subparagraph (B), by inserting ‘‘(i)’’ 
after ‘‘(B)’’, by inserting ‘‘in a case other than the 
case described in clause (ii),’’ after ‘‘paragraph 
(1)(F)(i),’’, and by adding at the end the following 
new clause: 
‘‘(ii) In the case of a terminally ill individual de-
scribed in section 226(j)(2), the ‘first month’ described in 
clause (i) shall be treated as the waiting period referred 
to in paragraph (1)(F)(i).’’. 
(c) WIDOWER’S INSURANCE BENEFITS BASED ON 
DISABILITY.—Section 202(f)(6) of such Act (42 U.S.C. 
402(f)(6)) is amended—
(1) in subparagraph (A), by adding after and 
below clause (ii) the following new sentence: 
‘‘In the case of a terminally ill individual described in sec-
tion 226(j)(2), the reference in the preceding provisions 
of this subparagraph to a ‘period of five consecutive cal-
endar months’ shall be deemed a reference to a ‘period 
of one calendar month’, the reference in clause (ii)(I) to 
the ‘seventeenth month’ shall be deemed a reference to the 
‘thirteenth month’, and the reference in clause (ii)(II) to 
the ‘fifth month before’ the month in which the period 
specified in paragraph (4) begins shall be deemed a ref-
erence to the ‘month before’ the month in which such pe-
riod begins.’’; and
(2) in subparagraph (B), by inserting ‘‘(i)’’ 
after ‘‘(B)’’, by inserting ‘‘in a case other than the 
case described in clause (ii),’’ after ‘‘paragraph 
(1)(F)(i),’’, and by adding at the end the following 
new clause: 
‘‘(ii) In the case of a terminally ill individual de-
scribed in section 226(j)(2), the ‘first month’ described in 
clause (i) shall be treated as the waiting period referred 
to in paragraph (1)(F)(i).’’. 
SEC. 2. WAIVER OF MEDICARE DISABILITY WAITING PE-
RIOD IN THE CASE OF THE TERMINALLY ILL. 
(a) IN GENERAL.—Section 226 of the Social Security 
Act (42 U.S.C. 426) is amended—
(1) by redesignating subsection (j) as sub-
section (k); and 
(2) by inserting after subsection (i) the fol-
lowing new subsection: 
‘‘(j)(1) With respect to a terminally ill individual de-
scribed in paragraph (2) who would be entitled to benefits 
under subsection (b) but for the 24-month waiting period 
under subsection (b)(2), the following special rules apply: 
‘‘(A) Subsection (b) shall be applied as if there 
were no requirement for any entitlement to benefits, 
or status, for a period longer than one month.
‘‘(B) The entitlement under such subsection 
shall begin with the first month (rather than twenty-
fifth month) of entitlement or status. 
‘‘(C) Subsection (f) shall not be applied. 
‘‘(2)(A) Subject to subparagraph (B), a terminally ill 
individual described in this paragraph is an individual 
who, in accordance with rules established by the Secretary, 
has been determined by a medical professional to have a 
medical condition that—
‘‘(i) no longer responds to aggressive, cure-
oriented treatments; and 
‘‘(ii) is expected to result in the death of 
the individual within the next 12 months. 
‘‘(B) An individual described in subparagraph (A) 
shall not continue to be treated as a terminally ill indi-
vidual under this paragraph after the end of the 12 
months described in subparagraph (A)(ii) unless, before 
the end of such period, there is a review of the individual’s 
medical condition by a medical professional and a deter-
mination that the individual has a condition that continues 
to meet the conditions specified in subparagraph (A) as 
of the date of the review.’’. 
(b) CONFORMING AMENDMENT.—Section 1837 of 
such Act (42 U.S.C. 1395p) is amended by adding at the 
end the following new subsection:
‘‘(k) In applying this section in the case of a termi-
nally ill individual who is entitled to benefits under part 
A pursuant to the operation of section 226(j), the fol-
lowing special rules apply: 
‘‘(1) The initial enrollment period under sub-
section (d) shall begin on the first day of the first 
month in which the individual satisfies the require-
ment of section 1836(1). 
‘‘(2) In applying subsection (g)(1), the initial 
enrollment period shall begin on the first day of the 
first month of entitlement to disability insurance 
benefits referred to in such subsection.’’. 
SEC. 3. EFFECTIVE DATE. 
The amendments made by this Act shall apply to ben-
efits for months beginning on or after January 1, 2004.
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