I
103D CONGRESS
1ST SESSION
H. R. 728
To provide for the inclusion of specific items in any listing of impairments
for the evaluation of human immunodeficiency virus (HIV) infection
prescribed in regulations of the Secretary for use in making determina-
tions of disability under titles II and XVI of the Social Security Act.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 2, 1993
Mr. MATSUI (for himself and Mr. JACOBS) introduced the following bill; which
was referred to the Committee on Ways and Means
A BILL
To provide for the inclusion of specific items in any listing
of 
impairments 
for 
the 
evaluation 
of 
human
immunodeficiency virus (HIV) infection prescribed in
regulations of the Secretary for use in making determina-
tions of disability under titles II and XVI of the Social
Security Act.
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 ‘‘Social Security and
SSI AIDS Disability Act of 1993’’.
SEC. 2. SPECIFIC ITEMS REQUIRED IN LISTING OF IMPAIR-
MENTS 
FOR 
EVALUATION 
OF 
HUMAN
IMMUNODEFICIENCY VIRUS (HIV) INFECTION.
(a) IN GENERAL.—The Secretary of Health and
Human Services shall include, in any listing of impair-
ments for the evaluation of human immunodeficiency virus
infection used in making determinations of disability
under title II or XVI of the Social Security Act, in addi-
tion to such other items as the Secretary may include in
the Secretary’s discretion, items as specified in paragraphs
(1), (2), and (3) of this subsection.
(1) The Secretary shall include the following
among impairments for which meeting a functional
test is not required in order to support a determina-
tion of disability, subject only to the requirements
that a test for human immunodeficiency virus infec-
tion has been administered and that the results of
such test are positive—
(A) pelvic inflammatory disease with three
or more episodes or one or more episodes that
require hospitalization or surgery;
(B) cervical cancer, FIGO stage IB; and
(C) syphilis or neurosyphilis refractory to
appropriate treatment.
(2) The Secretary shall include the following
among impairments for which meeting a functional
test is not required in order to support a determina-
tion of disability, but which must be persistent or re-
sistant to therapy:
(A) pneumonia;
(B) pulmonary tuberculosis;
(C) bacterial or fungal sepsis;
(D) meningitis;
(E) septic arthritis;
(F) endocarditis;
(G) peripheral neuropathy;
(H) Kaposi’s sarcoma; and
(I) abscess of an internal body organ or
cavity (excluding otitis media or superficial skin
or mucosal abscesses).
(3) The Secretary shall include the following
among impairments which must last for at least two
months and must exist in combination with one
other listed impairment, subject to the requirement
that a functional test be met with respect to the
combination of impairments—
(A) recurrent herpes simplex with lesions
which recur more often than every 8 weeks or
which are incompletely suppressed despite con-
tinuous maintenance therapy;
(B) chronic anemia with persistent hemo-
globin of less than 10.0 or hematocrit of less
than 30.0 (regardless of AZT intake) or the
need for blood transfusions more often than
twice yearly;
(C) genital warts caused by human papil-
loma virus which are unresponsive to therapy;
and
(D) chronic genital ulcers which fail to re-
spond to treatment.
(b) FUNCTIONAL TEST REQUIREMENTS.—
(1) IN GENERAL.—With respect to any item in
a listing of impairments described in subsection (a)
(irrespective of whether such item is listed in sub-
section (a) or is otherwise listed in regulations of the
Secretary), any requirement for a functional test
shall be treated as met if one of the following re-
quirements are met—
(A) a marked restriction of activities of
daily living (evidenced in any case in which the
individual is most of the time unable to perform
independently such daily activities as household
chores, grooming and hygiene, using a post of-
fice, taking public transportation, and paying
bills);
(B) marked difficulties in maintaining so-
cial functioning (evidenced in any case in which
the individual is most of the time unable to sus-
tain interaction and communication);
(C) marked difficulties in completing tasks
in a timely manner due to deficiencies in con-
centration, persistence, or pace (evidenced in
any case in which the individual is most of the
time unable to sustain concentration, persist-
ence, or pace to permit timely completion of
tasks commonly found in work settings); or
(D) repeated episodes of decompensation,
averaging 3 times a year or once every 4
months, lasting 2 or more weeks each, which
cause the individual to deteriorate.
(2) MARKED
RESTRICTIONS
OR
DIFFICUL-
TIES.—For purposes of subparagraphs (A), (B), and
(C) of paragraph (1)—
(A) a finding of a ‘‘marked’’ restriction or
difficulty may be based on a restriction or dif-
ficulty with respect to either a single activity or
function referred to in such subparagraphs or
any combination of such activities or functions,
if the degree of restriction or difficulty is such
that it seriously interferes with the individual’s