I
106TH CONGRESS
1ST SESSION
H. R. 353
To amend the Social Security Act to waive the 24-month waiting period
for Medicare coverage of individuals disabled with amyotrophic lateral
sclerosis (ALS), and to provide Medicare coverage of drugs used for
treatment of ALS.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 19, 1999
Mrs. CAPPS (for herself, Mr. FORBES, Mr. VENTO, Mr. OBERSTAR, Mr. EVER-
ETT, Mr. ACKERMAN, Ms. DANNER, Mrs. THURMAN, Mr. MEEHAN, Ms.
JACKSON-LEE of Texas, Mr. WEYGAND, Mr. DELAHUNT, Mr. GILMAN,
Mr. BILBRAY, Ms. RIVERS, Ms. KILPATRICK, Mr. BOEHLERT, Mr. SHER-
MAN, Mr. HORN, Mr. COYNE, Mr. OLVER, Mr. GREEN of Texas, Ms.
ESHOO, Mr. BENTSEN, Mr. KUCINICH, Mr. BALDACCI, Mr. ROTHMAN,
Mr. KLECZKA, Mr. ENGLISH, Mr. RODRIGUEZ, Mr. BORSKI, Mr.
MCDERMOTT, Mrs. CLAYTON, Mr. KENNEDY of Rhode Island, and Mr.
FOLEY) introduced the following bill; which was referred to the Commit-
tee on Ways and Means and in addition to the Committee on Commerce,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of the
committee concerned
A BILL
To amend the Social Security Act to waive the 24-month
waiting period for Medicare coverage of individuals dis-
abled with amyotrophic lateral sclerosis (ALS), and to
provide Medicare coverage of drugs used for treatment
of ALS.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS; PURPOSES.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Amyotrophic Lateral Sclerosis (ALS) Treatment and As-
sistance Act of 1999’’.
(b) FINDINGS.—Congress finds the following:
(1) Amyotrophic Lateral Sclerosis (ALS), com-
monly known as Lou Gehrig’s Disease, is a progres-
sive neuromuscular disease characterized by a degen-
eration of the nerve cells of the brain and spinal
cord leading to the wasting of muscles, paralysis,
and eventual death.
(2) Approximately 30,000 individuals in the
United States are afflicted with ALS at any time,
with approximately 5,000 new cases appearing each
year.
(3) ALS usually strikes individuals who are 50
years of age or older.
(4) The life expectancy of an individual with
ALS is 3 to 5 years from the time of diagnosis.
(5) There is no known cure or cause for ALS.
(6) Aggressive treatment of the symptoms of
ALS can extend the lives of those with the disease.
Recent advances in ALS research have produced
promising leads, many related to shared disease
processes 
that 
appear 
to 
operate 
in 
many
neurodegenerative diseases.
(c) PURPOSES.—It is the purposes of this Act—
(1) to assist individuals suffering from ALS by
waiving the 24-month waiting period for medicare
eligibility on the basis of disability for ALS patients;
and
(2) to provide medicare coverage for outpatient
drugs and therapies for ALS.
SEC. 2. WAIVER OF 24-MONTH WAITING PERIOD FOR MEDI-
CARE COVERAGE OF INDIVIDUALS DISABLED
WITH AMYOTROPHIC LATERAL SCLEROSIS
(ALS).
(a) IN GENERAL.—Section 226 of the Social Security
Act (42 U.S.C. 426) is amended—
(1) by redesignating subsection (h) as sub-
section (j) and by moving such subsection to the end
of the section, and
(2) by inserting after subsection (g) the follow-
ing new subsection:
‘‘(h) For purposes of applying this section in the case
of an individual medically determined to have amyotrophic
lateral sclerosis (ALS), the following special rules apply:
‘‘(1) Subsection (b) shall be applied as if there
were no requirement for any entitlement to benefits,
or status, for a period longer than 1 month.